HomeMy WebLinkAbout20172947BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, 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:
USR17-0029
LOWELL THREE LLC, CIO BERT GARCIA, PRO LAWN LANDSCAPING, LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (PARKING AND STAGING OF TRUCKS,
TRAILERS AND EQUIPMENT FOR A LANDSCAPE BUSINESS) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
PART SW4SE4 SECTION 34, T6N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATED APPROXIMATELY 2,600 FEET EAST OF 59TH AVENUE AND
APPROXIMATELY 120 FEET SOUTH AND EAST OF F STREET.
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.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 use is in an area that can support this development and the existing 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.
Development standards are attached limiting hours of operation and number of employees to
address compatibility with the surrounding land uses and mitigate impacts.
Section 22-22-20.1 A.Policy 9.5. Applications fora change of land use in the agricultural areas
should be reviewed in accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those affected by the proposed
land use change through the referral process.
Referral agency comments have been addressed through conditions of approval and
Development Standards. Development standards are attached limiting hours of operation and
number of employees to address compatibility with the surrounding land uses and mitigate
impacts.
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.P of the Weld County Code allows Home Businesses as a Use
by Special Review 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."
RESOLUTION USR17-0029
LOWELL THREE LLC, CIO BERT GARCIA, PRO LAWN LANDSCAPING, LLC
PAGE 2
Development standards are attached limiting hours of operation and number of employees to
address compatibility with the surrounding land uses and mitigate impacts.
The business will be required to adhere to the definition of Home Business delineated in
Section 23-1-90 of the Weld County Code:
An incidental use to the principal permitted use for gainful employment of the
family residing on the property, where:
a. Such use is conducted primarily within a dwelling unit or accessory structure
and principally carried on by the family resident therein.
b. Such use is clearly incidental and secondary to the principal permitted use
and shall not change the character thereof.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The property is located to the west of three (3) single-family residences and north of and
adjacent to an existing residential subdivision located within the boundaries of the City of
Greeley.
No phone calls or correspondence has been received from surrounding property owners in
regards to this case.
Development standards are attached limiting hours of operation and number of employees to
address compatibility with the surrounding land uses and mitigate impacts.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. The City of
Greeley in their referral comments, dated June 2, 2017 attached recommended the site meet
setback and landscaping requirements per the Weld County Code. Greeley also
recommended that a sewer main easement be shown on the USR map.
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 Geologic Hazard Overlay District, a Special Flood Hazard Area
or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
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 facility is located on approximately 18.12 acres delineated as "Prime if
Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
No additional structures or buildings will be located on the site.
RESOLUTION USR17-0029
LOWELL THREE LLC, CIO BERT GARCIA, PRO LAWN LANDSCAPING, LLC
PAGE 3
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. All septic systems located on the property shall have appropriate permits from the Weld County
Department of Public Health & Environment. The Environmental Health Division of the Weld
County Department of Public Health & Environment was unable to locate a septic permit for the
residence addressed as 5212 W F Street. Any existing septic system which is not currently
permitted through the Weld County Department of Public Health & Environment will require a
Statement of Existing and an evaluation prior to the issuance of the required septic permit. In
the event the system is found to be inadequate, the system must be brought into compliance
with current On -site Wastewater Treatment System regulations. (Department of Public Health
and Environment)
B. The applicant shall attempt to address the comments of the City of Greeley as stated in their
referral comments dated 5/25/2017 and 6/2/2017. Written evidence of such shall be provided to
the Department of Planning Services. (City of Greeley)
C. The applicant shall attempt to address the comments of the Boyd Irrigation Company (Greeley
No. 3 Lateral) as stated in their referral dated 5/23/2017. Written evidence of such shall be
provided to the Department of Planning Services. (Boyd Irrigation Company)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0029 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the parking area for the employees. (Department of Planning
Services)
6. Show and label a 30ft minimum access and utility easement to provide legal access to
the parcel on the site plan. The reception number for the easement shall be delineated
on the map. (Department of Planning Services -Engineer)
7 The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
RESOLUTION USR17-0029
LOWELL THREE LLC, 0/0 BERT GARCIA, PRO LAWN LANDSCAPING, LLC
PAGE 4
8. West F Street is a paved 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)
9. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning
radii (60') 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. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days
from the date of the Board of County Commissioners Resolution. The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. 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(c�co.weld.co.us.
(Department of Planning Services)
5. 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 plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
RESOLUTION USR17-0029
LOWELL THREE LLC, CIO BERT GARCIA, PRO LAWN LANDSCAPING, LLC
PAGE 5
Motion seconded by Tom Cope.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage Absent
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 August 15, 2017.
Dated the 15th of August, 2017
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lowell Three LLC (Marilyn Bunn) CIO Bert Garcia
USR17-0029
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0029, for a Home Business
(parking and staging of trucks, trailers and equipment for a landscape business) 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. - 6:00 p.m. Monday - Friday and Saturday 8:00 a.m. - 5:00 p.m.
(Department of Planning Services)
4. The number of outside employees shall be limited to four (4). (Department of Planning Services)
5. Vehicles associated with the business will be limited to one (1) dump truck, one (1) flatbed truck, one (1)
dually truck and one (1) 4x4. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. The existing landscaping/screening on the site shall be maintained. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
12. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
13. 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)
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. 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 of 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)
15. 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)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
RESOLUTION USR17-0029
LOWELL THREE LLC, CIO BERT GARCIA, PRO LAWN LANDSCAPING, LLC
PAGE 7
17. 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)
18. The property owner shall control noxious weeds on the site. (Department of Public Works)
19. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
22. As Required by the Colorado Department of Public Health and Environment (CDPHE) MS4 General
Permit (COR090000), Stormwater Runoff from Site Development/Redevelopment must be Treated For
Water Quality. Treatment May Include On -Site Infiltration And/Or Water Quality
Treatment Prior To Discharge (Detention). (Department of Public Works - MS4 Administrator)
23. During Construction, Weld County Shall be allowed to Inspect Temporary Best Management Practices
(BMPS) for Proper Installation and Maintenance as Detailed in the Stormwater Management Plan
(SWMP). Inspections Occur to Ensure Adequate Measures are Taken to Protect the Landowner,
Neighboring Properties, Adjacent Roadways and Nearby Waterways from Potentially Adverse Effects of
Stormwater Runoff. The Contact Will Be Notified Prior to Inspection for Access to Be Granted to the
Inspector. Inspections Will Be Performed At a Frequency Required By the CDPHE MS4 General Permit
(COR090000). (Department of Public Works - MS4 Administrator)
24. After Construction Is Complete, Weld County Shall Be Allowed to Inspect Permanent BMPS (Or On -Site
Drainage Features) for Proper Installation as Designed in the Approved Drainage Plan. The Contact Will
Be Notified Prior to Inspection for Access to be granted to the Inspector. (Department of Public Works —
MS4 Administrator)
25. Following the Approved Installation of Permanent BMPS, Weld County Shall Be Allowed To Routinely
Inspect the BMPS For Proper Maintenance As Detailed In The Maintenance Plan. Inspections Occur To
Ensure Adequate Drainage Is Occurring To Protect the Landowner, Neighboring Properties, Adjacent
Roadways and Nearby Waterways From Potentially Adverse Effects of Stormwater Runoff. Please Note,
Weld County Is Not Responsible For Maintenance Of Permanent BMPS. The Contact Will Be Notified
Prior To Inspection For Access To Be Granted To The Inspector. Inspections Will Be Performed At A
Frequency Required By The CDPHE MS4 General Permit (COR090000). (Department of Public Works —
MS4 Administrator)
26. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
27. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
RESOLUTION USR17-0029
LOWELL THREE LLC, CIO BERT GARCIA, PRO LAWN LANDSCAPING, LLC
PAGE 8
29. 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.
30. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
31. 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.
32. 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.
33. 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.
RESOLUTION USR17-0029
LOWELL THREE LLC, CIO BERT GARCIA, PRO LAWN LANDSCAPING, LLC
PAGE 9
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, August 15, 2017
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,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom
Cope.
Also Present: Ryder Reddick and Chris Gathman, Department of Planning Services; Michelle Martin,
Department of Planning Services — Engineering Division; Lauren Light, Department of Health; Evan
Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the August 1, 2017 Weld County Planning Commission minutes, Moved by Gene Stille,
Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR17-0029
APPLICANT: LOWELL THREE LLC, C/O BERT GARCIA, PRO LAWN LANDSCAPING. LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (PARKING AND STAGING OF TRUCKS,
TRAILERS AND EQUIPMENT FOR A LANDSCAPE BUSINESS) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: PART SW4SE4 SECTION 34, T6N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: LOCATED APPROXIMATELY 2,600 FEET EAST OF 59TH STREET AND
APPROXIMATELY 120 FEET SOUTH AND EAST OF F STREET.
Chris Gathman, Planning Services, presented Case USR17-0029, 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.
Mr. Gathman noted that because this is a home business there is a stricter standard on the amount of
equipment; therefore, there is a Development Standard limiting the number of employees as well as listing
the number and type of equipment on site.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Michelle Martin, Engineering, reported on the 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.
Bert Garcia, Pro Lawn Landscaping, stated that he has operated this business for 11 to 12 years and has
lived at this residence for nine years. He wasn't aware that he needed a land use permit until he was
notified; therefore, he submitted his application to be in compliance.
Commissioner Cope asked the applicant if he plans to expand in the future. Mr. Garcia said that he does
not plan to expand his business.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Lloyd Rogge, 303 N 50th Avenue, said he lives in Coyote Run and asked where the applicants trucks will
be parked with respect to his property. He expressed concern regarding the noise and the visual view of
the equipment from where he lives. After staff pointed out where the impact will be on the applicant's
property, Mr. Rogge said he had no concerns and just wanted to ensure that the trees on the property
would be a buffer.
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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 USR17-0029 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 Jordan Jemiola, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope.
Meeting adjourned at 4:08 pm.
Respectfully submitted,
L�t,/14ufn.
Kristine Ranslem
Secretary
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