HomeMy WebLinkAbout20170863.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Terry Cross, 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: USR16-0026
APPLICANT: TROY AND JUDY HEFNER
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR COMMERCIAL JUNKYARD OR SALVAGE YARD AND USES
ALLOWED BY RIGHT IN THE I-1 (INDUSTRIAL) ZONE DISTRICT
(SPECIFICALLY, ANY USE OF A RESEARCH, REPAIRING, MANUFACTURING,
FABRICATING, PROCESSING, ASSEMBLING OR STORAGE NATURE
PROVIDED THAT THE USE IS ENCLOSED AND SCREENED PER SECTION 23-
3-310.8.1) IN THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 7, LOT 8 AND LOT 9 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND
FILING: PART OF SECTION 23, T1 N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 6; APPROXIMATELY 0.25 MILES EAST OF
THE EAST 1-25 FRONTAGE ROAD.
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 22-2-100.A. -- C.Goal 1. Promote the location of commercial uses within municipalities,
County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth
management areas as defined in municipal comprehensive plans, the Regional Urbanization Areas,
Urban Development Nodes or where adequate services are currently available or reasonably
obtainable.
The proposed use is in an area that can support this development. The location of this facility is
located in a commercial subdivision and adequate services are currently available. The existing
screening, 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.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the C-3 (Business
Commercial) Zone District.
Section 23-3-230.A states, "The purpose of the C-3 Zone District is to establish and preserve areas
for activities which provide goods or services for the benefit of the general public or which require
large amounts of space or high traffic volumes for generating business. The C-3 Zone District shall be
located, designed and operated in a manner that minimizes the undesirable impacts on the area in
which they are located."
All of the proposed uses are listed as either Uses Allowed by Right under Section 23-3-230.B,
Accessory Uses under Section 23-3-230.C and Uses by Special Review under Section 23-3-230.D of
the Weld County Code. These uses have been determined to fit the intent of the C-3 Zone District.
Uses Allowed by Right that are requested include: vehicle repair/service establishments per Section 23-
3-230.6.4; warehousing per Section 23-3-230.8.6; sales and rentals of vehicles and equipment per
Section 23-3-230.B.7 & 8; contractor shop per Section 23-3-230.6.11; outdoor storage per Section 23-3-
230.B.15; and one (1) 70' telecommunication tower per Section 23-3-230.8.16.
RESOLUTION USR16-0026
TROY AND JUDY HEFNER
PAGE 2
Accessory Uses that are requested include: one (1) mobile home for caretaker/security personnel
living quarters per Section 23-3-230.C.3.
Uses by Special Review that are requested include: uses listed as Uses Allowed by Right in the I-1
(Industrial) Zone District per Section 23-3-230.D.2 (specifically, any use of a research, repairing,
manufacturing, fabricating, processing, assembling or storage nature provided that the use is
enclosed and screened per Section 23-3-310.B.1) and commercial junkyard or salvage yard per
Section 23-3-230.D.5.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding land uses include similar uses to those proposed and existing on the subject Lots.
There are several other USRs and SPRs for outdoor storage, commercial vehicle repair, auto
salvage, commercial junkyards, manufacturing businesses, etc. within and adjacent to the Althen-
Boyer Commercial Unit Development which provides a suitable location where these uses may be
concentrated. Besides USR-1737 and SPR12-0004, all of the USRs and SPRs mentioned hereafter
are located within the Althen-Boyer Commercial Unit Development.
PUDF16-0002 (2016) permits a construction equipment rental company and is located northwest of
the site (Lot 1 Althen-Boyer CUD). SPR-363 (2003) permits display buildings and sales office and is
located northwest of the site (Lot 2 Althen-Boyer CUD). USR-1761 (2012) permits commercial
junkyard and salvage yard, sales and rental of vehicles and equipment and vehicle service and repair
and is located west of the site (Lot 3 Althen-Boyer CUD). AMUSR-1476 (2007) permits commercial
junkyard and salvage yard, sales and rental of vehicles and equipment and vehicle service and repair
and is located west of the site (Lot 4 Althen-Boyer CUD). SPR13-0005 (2013) permits sales and rental
of vehicles and equipment and is located west of the site (Lot 5 Althen-Boyer CUD). USR-1737 (2011)
permits commercial vehicle storage and repair, agricultural service establishment and one additional
home and is located directly east of the site. SPR12-0004 (2012) permits a trailer sales business and
is located southwest of the site.
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 Dacono, the Town of Erie, the
City of Northglenn and the City and County of Broomfield. The City of Northglenn in their referral
comments, dated August 5'h, 2016 indicated that they have no concerns. The City and County of
Broomfield provided information regarding the existing right-of-way and that no access permits are
required at this time per emails dated February 2, 2017 and February 3, 2017. No responses were
received from the City of Dacono and the Town of Erie.
The site is not located within any existing Intergovernmental Agreement Area (IGA) 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 site is located in the Geologic Hazard Overlay; Conditions of Approval and Development
Standards address compliance with this Overlay District.
The site is not located in the A -P (Airport) Overlay District.
The site is not located in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program.
RESOLUTION USR16-0026
TROY AND JUDY HEFNER
PAGE 3
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 9.89 acres of Prime (Irrigated) - Farmlands of
National Importance per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map.
The proposed USR will not further remove any prime agricultural land from agricultural production.
The lots are located within Althen-Boyer Commercial Unit Development, those uses envisioned and
existing in the subdivision are aimed for providing commercial uses rather than agricultural and most
of the lots are already being utilized for intensive commercial purposes.
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 address the requirements of Mountain View Fire Rescue, as stated in the referral
response dated August 26, 2016, letter dated February 22, 2017, and emails dated February 27,
2017. Written evidence of such shall be submitted to the Weld County Department of Planning
Services. (Department of Planning Services)
B. Section 23-3-250.A.5.a of the Weld County Code states, "No more than eighty-five percent (85%) of
the total area of a lot in any Commercial Zone District shall be covered. Land shall not be deemed
covered if it is used for growing grass, shrubs, trees, plants or flowers or if covered by decorative
gravel or wood chips, or if it is otherwise suitably landscaped."
Section 23-3-250.A.5.b of the Weld County Code states, "That portion of a lot in any Commercial
Zone District which abuts a public or private street right-of-way shall be landscaped for a distance of
ten (10) feet, measured at a right angle from the lot line towards the interior of the lot. Sidewalks and
driveways may pass through the required landscaped areas."
Therefore, the applicant shall provide a Landscape Plan for review and approval to the Department of
Planning Services that addresses Section 23-3-250.A.5 of the Weld County Code. (Department of
Planning Services)
C. The site is located in a Geologic Hazard Area. The applicant shall obtain a Geological Hazard
Development Permit from the Weld County Department of Planning Services that also addresses the
referral from the Colorado Geological Survey (CGS), dated August 31, 2016 which states that Lots 7
and 8 may contain openings to the Washington Mine. The CGS recommended that these openings be
located, plugged/stabilized, and sealed in accordance with the Division of Reclamation, Mining, and
Safety standards. The applicant shall submit with their Geologic Hazard Development Permit, a report
by a Professional Geologist stating that the mine openings have been located, plugged/stabilized, and
sealed. (Department of Planning Services -Engineer)
RESOLUTION USR16-0026
TROY AND JUDY HEFNER
PAGE 4
D. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. A Certification of Completion to show the
completed construction of the stormwater facilities is required, prior to recording the plan. (Department
of Planning Services -Engineer)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR16-0026 (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 landscaping and screening including the six-foot metal privacy
fence. (Department of Planning Services)
6. The map shall delineate the lighting in accordance with Section 23-3-250.B.6 of the Weld
County Code. (Department of Planning Services)
7 The map shall delineate the location of the Mountain View Fire Rescue fire hydrant and any
easement associated with the fire hydrant. (Department of Planning Services)
8. The map shall delineate the location of the Central Weld County Water District meter (# 3161
for Lot 8) and the water line easement (reception # 4229064). (Department of Planning
Services)
9. The map shall delineate the location and layout of the areas for outdoor storage including the
layout of outdoor storage rows, aisle width and parking stalls. (Department of Planning
Services)
10. The map shall delineate the location of the areas for the commercial junkyard and vehicle
salvage yard. (Department of Planning Services)
11. The map shall delineate the location of existing buildings and gates. (Department of Planning
Services)
12. The map shall delineate the proposed location of the mobile home for caretaker/security
personnel living quarters. (Department of Planning Services)
13. The map shall delineate the location of the existing 70' telecommunication tower, associated
structures and the location of Amended Subdivision Exemption SE -928 Lot which contains the
telecommunication tower. (Department of Planning Services)
14. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
15. The map shall delineate the parking area for the vendors, customers and employees including ten
(10) parking spaces and one (1) ADA (Americans with Disabilities Act) parking space. Parking
design shall adhere to Chapter 23, Article IV, Division I and Appendices 23-A and 23-B of the Weld
County Code. (Department of Planning Services)
16. 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)
RESOLUTION USR16-0026
TROY AND JUDY HEFNER
PAGE 5
17. Show and label the existing right-of-way for County Road 6 and the agreed upon City and
County of Broomfield access(es) on the map. (Department of Public Works)
18. Show and label the Geologic Hazard Area on the site plan. (Department of Planning Services -
Engineer)
19. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as "Stormwater
Retention/Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Planning Services -Engineer)
20. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Planning Services -Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the plat the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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 mapsAco.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Planning Services - Engineer)
7. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed caretaker/security mobile
home residence and shall be installed according to the Weld County Onsite Wastewater
Treatment System Regulations. (Department of Public Health and Environment)
8. 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 USR16-0026
TROY AND JUDY HEFNER
PAGE 6
Motion seconded by Michael Wailes.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Cherilyn Barringer
Jordan Jemiola
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Gene Stifle
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 March 21, 2017.
Dated the 21St of March, 2017
4 44I
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Troy D. and Judy K. Hefner
USR16-0026
1. A Site Specific Development Plan and Use by Special Review Permit for commercial junkyard or salvage
yard and Uses Allowed by Right in the I-1 (Industrial) Zone District (specifically, any use of a research,
repairing, manufacturing, fabricating, processing, assembling or storage nature provided that the use is
enclosed and screened per Section 23-3-310.6.1) in the C-3 (Business Commercial) 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 for the service, repair, sales, junkyard and other associated commercial business
operations are 6:00 a.m. — 9:00 p.m. Monday — Sunday. 24 hour access is permitted by electronic keypad
entry for access to the outside storage areas. (Department of Planning Services)
4. The number of on -site employees shall be three (3). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. 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)
7. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. Collocation of other antennas by other service providers shall be permitted on the telecommunication
tower. (Department of Planning Services)
9. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna
structure, and any associated equipment shall be removed and the premises restored to its original
condition according to the Decommissioning Plan. (Department of Planning Services)
10. 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)
11. Lot 8 is the only parcel included in the Northern Colorado Water Conservancy District Petition and water
from the new Central Weld County Water District tap installation cannot be used on Lot 7 or Lot 9. Any
future development on Lots 7 or 9 requires its own CWCWD tap. (Department of Planning Services)
12. 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)
13. 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)
14. 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)
15. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
RESOLUTION USR16-0026
TROY AND JUDY HEFNER
PAGE 8
16. 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)
17. 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)
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department
of Public Health and Environment)
19. Any vehicle washing area shall capture all effluent and prevent discharges in accordance with the Rules
and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency.
(Department of Public Health and Environment)
20. The applicant shall acquire an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application
from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as
applicable. (Department of Public Health and Environment)
21. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons, at all
times. For 10 or less customers per day or 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)
22. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
24. The property owner shall control noxious weeds on the site. (Department of Public Works)
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
26. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
27. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
28. All projects occurring in a Geologic Hazard Area as delineated by the Colorado Geological Survey shall
comply with Overlay District requirements of Chapter 23, Article V, Division 2 of the Weld County Code.
(Department of Planning Services -Engineer)
29. 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)
30. 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 USR16-0026
TROY AND JUDY HEFNER
PAGE 9
31. 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.
32. 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.
33. 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.
34. 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.
35. 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 USR16-0026
TROY AND JUDY HEFNER
PAGE 10
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, March 21, 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,
Bruce Sparrow, at 12:35 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross, Tom Cope.
Also Present: Diana Aungst and Michael Hall, Department of Planning Services; Hayley Balzano,
Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of
Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the March 7, 2017 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER: USR16-0026
APPLICANT: TROY AND JUDY HEFNER
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR COMMERCIAL JUNKYARD OR SALVAGE YARD AND USES
ALLOWED BY RIGHT IN THE I-1 (INDUSTRIAL) ZONE DISTRICT
(SPECIFICALLY, ANY USE OF A RESEARCH, REPAIRING, MANUFACTURING,
FABRICATING, PROCESSING, ASSEMBLING OR STORAGE NATURE
PROVIDED THAT THE USE IS ENCLOSED AND SCREENED PER SECTION
23-3-310.6.1) IN THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 7, LOT 8 AND LOT 9 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND
FILING; PART OF SECTION 23, Ti N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 6; APPROXIMATELY 0.25 MILES EAST OF
THE EAST 1-25 FRONTAGE ROAD.
Michael Hall, Planning Services, presented Case USR16-0026, 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 and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site as well as the geological
hazard conditions of the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Judy Hefner, 370 CR 16.5, Longmont, Colorado, stated that they purchased Lot 8 in the 90's and operated
the Jeeps Unlimited business for almost 35 years. A few years after purchasing Lot 8 they purchased Lot
7 and operated an auto salvage yard and in 2008 they added RV storage. At the end of 2014 they sold the
Jeeps Unlimited business; however Ms. Hefner stated that they are renting the buildings and the new owner
is still operating the Jeeps Unlimited business on site. She added the main activity on site is renting the
buildings and operating the RV storage facility. Ms. Hefner said that there are lack of records for drainage
of the subdivision and feel that they are being held responsible for something that they shouldn't be to bring
it into compliance. She added that they have an engineer who has done multiple studies and said that it is
sufficient the way the site currently is. She added that they have never had any water that has accumulated
in the detention pond so it appears that the subdivision is handling its drainage adequately. She said that
drainage is not causing any problems and requested that it remain as it is currently on site.
EXHIBIT
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Commissioner Jemiola asked if the complaint regarding drainage was triggered from water flowing
somewhere. He added that it appears that this is overkill for a site that probably shouldn't have been
reported anonymously in the first place. Ms. Balzano said that the complaint was that there was equipment
and fill in the pond. She added that there was equipment upon inspection; however the equipment has
since been removed. She further added that you can see that they have been moving dirt and there is
some kind of material in the pond, therefore they don't know if the volume for that pond is as it's designed.
Commissioner Johnson asked if the water from the flood of 2013 flowed from any of the sites to the pond.
Ms. Hefner said that they never had any water in the pond during the flood.
Commissioner Cope said that if the applicant's engineer had already calculated the amount of volume the
pond needed then the engineer should be able to identify if that volume is available presently without
alterations to it. He added that if the engineer has been able to verify that he should be able to provide a
letter stating that the pond meets the standard and this issue should be resolved. Ms. Balzano said that
this would be a solution; however if it doesn't meet the standards then the question is who completes the
work.
Commissioner Cope asked if the County has any way of having this resolved by the developer as it should
be their responsibility to resolve this issue. Bob Choate, County Attorney, stated that if the pond needs to
come into compliance they don't have the ability to tell anyone else except the applicant that it needs to be
fixed. He has researched it and has not been able to find another way to enforce this against the developer.
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 USR16-0026 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 Terry Cross, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock,
Michael Wailes, Terry Cross, Tom Cope.
Commissioner Cope said that he wants the applicants to understand that based on the way the Code is
written if that pond doesn't meet the criteria they will be responsible to bring it into compliance.
Commissioner Jemiola said that according to the 1979 plat it appears that drainage was intended for the
Bull Canal.
Commissioner Smock said that there is a lot of history with these lots and hopes that this will take care of
the drainage issues.
Commissioner Cross said that if it didn't flood in 2013 he believes that the applicant's engineers should be
able to certify that it is probably satisfactory the way it is presently.
Commissioner Wailes said that county documents show that there is a wash into the Bull Canal and in light
of recent storms it shouldn't be difficult to prove that drainage will be an issue.
Commissioner Sparrow said that it is unfortunate as it seems to be the developer's problem; however the
applicants are the only leverage that the County has to enforce it.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
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Meeting adjourned at 2:08 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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