HomeMy WebLinkAbout20170224.tiffBEFORE 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:
USR16-0035
OTTO & KAREN LUHRS
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (PARKING AND STORAGE OF CONSTRUCTION VEHICLES.
MATERIALS AND EQUIPMENT ALONG WITH OFFICES ASSOCIATED WITH THE
CONSTRUCTION COMPANY AND A CAMPGROUND FOR FIVE (5) SPACES
RV/CAMPER SPACES. PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
PART S2NW4 SECTION 25, T1 N, R68W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
EAST OF AND ADJACENT TO CR 11 AND APPROXIMATELY 1.300 FEET
SOUTH OF CR 6
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.2 A.Policy 7.2.states_ "Conversion of agricultural land to nonurban
residential. commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region."
The proposed use is in an area that can support this development and the existing screening,
Development Standards, and 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.
The proposed use is adjacent to an existing gravel mine/batch plant (USR-1341) to the south
and USR-1702 (transmission facility) to the north.
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 of the Weld County Code for any use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts,
(Parking of trucks and equipment along with an office associated with a trucking company),
provided that the property is not a Lot in an approved or recorded subdivision plat or lots
parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District.
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
RESOLUTION USR16-0035
OTTO & KAREN LUHRS
PAGE 2
The site is adjacent to existing industrial uses to the north and south. The proposed use is
adjacent to an existing gravel mine/batch plant (USR-1341) to the south and east and USR-
1702 (transmission facility) to the north. The nearest single family residence is located
approximately 360 -feet to the south of the site.
No phone calls or correspondence has been received from surrounding property owners in
regards to this case.
The site is compatible with the surrounding area given the proximity to existing industrial uses
in the area.
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 areas of the Town of Dacono, the Town of
Erie, Adams County and the City and County of Broomfield. No referral responses have
been received from any of these counties and municipalities.
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, geological hazard area or 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 7.4 acres delineated as "Prime" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The property is
partly covered with existing buildings and improvements and is not being farmed.
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 plat
A. The applicant must sign the 'Applicant Signature' line of the submitted Variance Request Form
- For Engineers_ (Department of Planning Services - Engineer)
RESOLUTION USR16-0035
OTTO & KAREN LUHRS
PAGE 3
The applicant shall address the requirements of the Central Weld County Water District as
stated in their comments dated October 3. 2016. Written evidence of such shall be provided to
the Department of Planning Services. (Central Weld County Water District)
The application indicates the quonset building, barn/warehouse and garage will be used by the
business. Complete Change of Use building permits shall submitted to the Department of
Building Inspection. (Department of Building Inspection)
The plat shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR16-0035. (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. Label employee parking. (Department of Planning Services)
6 The truck parking/storage area (in areas not already screened by existing buildings) shall
be screened from County Road 11 and nearby residences to the south) by either live
landscaping and/or a wooden. vinyl or metal fence. (Department of Planning Services)
7. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as Water Quality
Feature/Stormwater Detention. No -Build or Storage Area". (Department of Planning
Services -Engineer)
8. Identify any onsite lighting locations (if applicable) on the plat. (Department of Planning
Services)
9 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)
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 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 maps@co.weld.co.us.
(Department of Planning Services)
RESOLUTION USR16-0035
OTTO & KAREN LUHRS
PAGE 4
5. Prior to Construction
A If more than 1 acre is to be disturbed. a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
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 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)
Motion seconded by Bruce Johnson
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Cherilyn Barringer
Jordan Jemiola
Joyce Smock
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 January 3, 2017.
Dated the 31° of January, 2017
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Otto & Karen Luhrs
USR16-0035
1. A Site Specific Development Plan and Use by Special Review Permit. USR16-0035, for any use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone
districts (parking and storage of construction vehicles, materials and equipment along with offices
associated with the construction company and a campground for five (5) spaces RV/camper spaces,
provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions. 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 h Hours of operation are : plication aterials,
24 hours per day, 365 days per year. The
campers and RVs may only be occupied by persons associated with the construction business.
(Department of Planning Services)
4. The parking area on the site shall be maintained. (Department of Planning Services)
5. The landscaping/screening 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 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)
8. 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)
9. 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)
10. 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)
11 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)
12. Any vehicle or equipment 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)
13. 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)
RESOLUTION USR16-0035
OTTO & KAREN LUHRS
PAGE 6
14. Prior to utilizing the existing septic system permitted as SP -0100558 for additional business use. the
system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the system is found to be
inadequately sized or constructed the system shall be brought into compliance with current Regulations.
(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)
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 or operator shall be responsible for controlling noxious weeds on the site. pursuant to
Chapter 15, Article I and II. of the Weld County Code_ (Department of Public Works)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
21. 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)
22. 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)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. 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.
25. 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.
26. 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
RESOLUTION USR16-0035
OTTO & KAREN LUHRS
PAGE 7
27. 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.
28. 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
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.
HA,\A)
'ica I (1 -
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. January 3, 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 12:30 pm.
Roll Call.
Present. Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille. Jordan Jemiola, Joyce Smock,
Michael Wailes. Terry Cross, Tom Cope.
Also Present. Chris Gathman. Department of Planning Services: Hayley Balzano. Department of Planning
Services - Engineering Division: Lauren Light. Department of Health: Janet Lundquist. Public Works: Bob
Choate. County Attorney. and Kris Ranslem. Secretary
Motion: Approve the December 20, 2016 Weld County Planning Commission minutes. Moved by Tom
Cope. Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER.
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR16-0035
OTTO & KAREN LUHRS
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT AN ACCESSORY
USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (PARKING AND STORAGE OF CONSTRUCTION
VEHICLES, MATERIALS AND EQUIPMENT ALONG WITH OFFICES
ASSOCIATED WITH THE CONSTRUCTION COMPANY AND A CAMPGROUND
FOR FIVE (5) SPACES RV/CAMPER SPACES. PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT
PART S2NW4 SECTION 25. T1 N, R68W OF THE 6TH P M WELD COUNTY.
COLORADO
EAST OF AND ADJACENT TO CR 11 AND APPROXIMATELY 1.300 FEET
SOUTH OF CR 6
Chris Gathman, Planning Services, presented Case USR16-0035, 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.
Commissioner Stille referred to Section 23-2-220.A.6 and asked to review the language for a situation like
this where the property is defined as "prime" farmland: however it is not farmed_
Janet Lundquist. Public Works. reported on the access to the site.
Hayley Balzano, 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.
Otto Luhrs. 1672 CR 11. stated that he is proposing to store equipment onsite for a concrete company. He
added that the campground is proposed for the employees that travel from project to project.
Commissioner Smock asked to clarify if only the company's employees are allowed to stay overnight in the
RVs. Mr Luhrs said that it is not open to the public. He added that it is only for the employees for the
company. He said that they could stay for up to a month or longer depending on the project that they are
working on.
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Commissioner Cope asked if they should consider a time limit of how long an RV/camper is allowed to stay
on site so it doesn't become a full-time living space for someone. Mr Luhrs said that if there is a time limit
he would like to request six (6) months. Mr. Gathman stated that there has previously been an approved
RV campground for a 30 day stay or less; however he added that it isn't defined in the code.
Mr. Gathman said that there have been some previous discussions regarding man camps. which is more
of a permanent housing at a facility. He added that there have been USRs approved with a limitation on
how long they can be out there to avoid man camps. The Board of County Commissioners indicated that
they didn't want a man camp defined in the code: therefore Mr. Gathman recommended that there be a
limitation on how long they are allowed to stay. Mr. Gathman indicated one possible difference with this
facility is that employees will be living at the same site as the business versus living at a site and commuting
to work sites
Commissioner Stille said it is a great idea: however he is concerned on how it will be regulated.
Mr. Gathman said that instead of specifically tying the RV to the employees he suggested that we could
just list the five (5) RV camping spaces related to the business.
Bob Choate, County Attorney, said that it is virtually unenforceable if you are going to use time limits. He
said that the two options are to either tie it to the construction business through a development standard or
it is entirely separate. He added that if the construction business goes away then the RV permission would
go away_ Mr Choate said that he can recommend language if the Planning Commission wants to tie it to
the construction business.
Commissioner Wailes said that he was concerned with the potential of full-time living campgrounds. He
would like to see it tied to the construction company: however the RVs don't necessarily need to be owned
by the company.
Mr. Choate recommended amending Development Standard 3 to read "Hours of operation for the
construction business are 5 am to 9 pm Monday through Saturday. The campers and RVs may only be
occupied by persons associated with the construction business,"
Commissioner Jemiola said that he feels the hours of operation should be changed to a 24 hour operation
because there will be vehicles outside of those hours accessing the site. Commissioner Stifle agreed with
Mr. Choate's recommendation as well as the hours of operation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Amend Development Standard 3 to read "Hours of Operation are 24 hours per day, 365 days per
year The campers and RVs may only be occupied by persons associated with the construction business.
Moved by Michael Wailes. Seconded by Gene Stille. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR16-0035 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 Bruce Johnson.
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.
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. The Chair
referred to Commissioner Jemiola's statement that he would like the violation process to be more
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transparent in knowing how the violations are initiated. Mr. Gathman said that a lot of times Zoning
Compliance doesn't know who initiated the complaint as they are submitted anonymously.
The Chair asked about reviewing the language in the county code regarding prime farmland. Mr. Gathman
said that in his staff report he put in the caveat that this is a site that is already improved and developed.
Commissioner Stille said that even though the soil tests says it is prime the County needs to have some
language to say that it is not prime as it is not farmed.
Commissioner Johnson asked if there is still consideration of reducing the number of meetings per month
since there has only been one case per hearing. Mr. Gathman stated that next couple hearings will have
three to five cases per hearing. Commissioner Sparrow noted that there are 13 cases listed for current
planning cases
Commissioner Jemiola asked staff to update him on what is happening with transportation, specifically with
1-25 and MPO Ms. Lundquist provided updates on CDOT plans and grants as well as for Highway 85 and
County Road 49 improvements.
Meeting adjourned at 1:36 pm.
Respectfully submitted.
Kristine Ranslem
Secretary
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