HomeMy WebLinkAbout20161468.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER USR16-0007
APPLICANT: HANS WIMMER
PLANNER: DIANA AUNGST
REQUEST: 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 (INDOOR AND OUTDOOR STORAGE OF RVS. BOATS. AND
EXHIBIT TRAILERS, WITH AN OFFICE/STORE. AND RV DUMP STATION ) 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 AND ONE
- r 10 ( 1 ) SINGLE- FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE FAMILY DWELLING
UNIT) TO BE USED AS A THE CARETAKER RESIDENCE IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE-3428: PART SW4 SW4 SECTION 28. T2N . R67W OF
THE 6TH P. M. , WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 17 AND APPROXIMATELY 360 FEET NORTH
OF CR 16.
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20. G - A. Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change. " And Section 22-2-20. G. 2 - A. Policy 7. 2 states,
"Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such development, and should
attempt to be compatible with the region. "
The applicant is requesting a USR for the storage of RVs, boats, and trailers. A 20'x20' office/store, a
dump station , and about 19.000 square feet of indoor RV storage will be constructed on the site.
Three parking stalls will be provided for the office/store. About 348 storage stalls will be available at
full build out. The hours of operation are proposed to be 24-hours a day / 7-days a week and the store
will be open 4: 00 a. m . to 10:00 p. m. 7 days a week. The store will be open to customers of the RV
storage facility. Customers will access the site via a key pad controlled gate. Overhead lighting may
be added to the site in the future. No sign is shown requested with this application. Any lights or
signage installed on the site will need to comply with the Weld County Code.
There is a line of trees on the neighbor's property to the north that provides screening. The application
material state that a 6 foot chain link fence with lath (earth-tone slats) will be placed along the north,
west. and east sides of the storage area. Two deciduous trees will be located at the entrance and
additional spruce and pine trees will be planted along CR 17 and on the east side of the property
outside of the Stanley Ditch right-of-way. The property owner owns the land to the south of the site.
There are two residences on the site. One is a 1920 single-family home and the other is a mobile
home currently approved an Accessory to the Farm . The employee that will be the caretaker for the
RV storage facility will reside in the mobile home. The mobile home is being approved as a second
single-family dwelling with this USR.
RESOLUTION USR16-0007
HANS WIMMER
PAGE 2
The proposed use is in an area that can support this development and the proposed screening, the
Development Standards, the Conditions of Approval, and the Weld County Code requirements for
shielded lights 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 A (Agricultural) Zone
District Section 23-3-40 . S. and M. which allows for 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 (Indoor and outdoor storage of RVs,
boats, and trailers, with an office/store, and RV dump station) 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 and one ( 1 ) single-family dwelling unit per lot other than those
permitted under Section 23-3-20.A. (second single-family dwelling unit) to be used as a caretaker
residence in the A (Agricultural) Zone District.
C . Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures. crops. and rural residences. The closest residence is
approximately 350 feet southeast of the site.
There are eight (8) USRs within one mile of the site. USR-1116 for a water tank, USR- 1555 for water
tanks, USR-776 for a 1 . 190 foot tall telecommunication tower. USR-1508 for a 1 . 180 foot tall
telecommunication tower. and USR-787 for a trucking business are located south of the site.
AmUSR-1231 for a 4.000 head dairy, and USR13-0049 for a non-1041 major facility 16 inch pipeline
is located east of the site. AmUSR- 1356 for a livestock confinement operation is located north of and
adjacent to the site. The Weld County Department of Planning Services has not received any
correspondence from the surrounding property owners that object to this USR.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the Towns of Dacono, Firestone. Frederick
and the City of Fort Lupton. The Towns of Dacono and Firestone did not respond with referral
comments. The City of Fort Lupton in their referral agency comments dated March 15, 2016 indicated
no concerns. The Town of Frederick in their referral comments dated February 11 , 2016. indicated
that the subject property is within the Town's comprehensive planning area and could be subject to
annexation in the future. The Town also indicated that since the major roads leading to the project
site are annexed into the Town of Frederick the Town requests the following:
1 . Weld County Road 16 (Tipple Parkway) and 17 are owned and maintained [by the Town of
Frederick]. Any vehicle exceeding the Town's size and/or weight standard will be required to
obtain an overweight/oversize permit from the Town of Frederick.
2 . Weld County Road 17. south of the intersection with Tipple Parkway, is a gravel road surface and
may require additional dust abatement and grading due to the traffic generated by this site. The
Town will require the applicant enter into a maintenance agreement for this portion of roadway
from Tipple Parkway to County Road 14 until annexation.
3 The intersection of Highway 52 and County Roads 14 and 17 are difficult to manage in a
passenger vehicle. Large recreational vehicles and passenger vehicles pulling recreational
vehicles or boats will likely have a difficult time maneuvering through the intersections and will
require even slower speeds which may cause additional accidents at these locations. Please
consult with the Colorado Department of Transportation regarding potential improvements to the
roadways to decrease the probability of traffic accidents.
Staff has included a Condition of Approval for the applicant to address the comments from the Town
of Frederick and the referral agency comments from CDOT indicated '`No concerns".
RESOLUTION USR16-0007
HANS WIMMER
PAGE 3
E. Section 23-2-220.A. 5 -- The application complies with Chapter 23 . Articles V and Xl . of the Weld
County Code.
The site is not 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 .
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 16.85 acres of soils designated as "Prime
(Irrigated)", approximately 2 .49 acres of soils designated as "High Potential Dry Cropland", and
approximately 2.21 acres designated as "Other" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The USR will take about 17 acres of "Prime (Irrigated)" farmland out
of production.
G . Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240 . Weld County Code), Operation Standards (Section 23-2-
250. Weld County Code). Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based . in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1 . Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location . Road maintenance including dust control .. damage repair, specified haul routes and future
traffic triggers for improvements will be included . (Department of Public Works)
B-- The applicant shall attempt to address the requirements (concerns) of the Fort Lupton Fire Protection
District, as stated in the referral response dated March 17, 2016. Evidence of such shall be submitted
in writing to-the Weld County Depactrnent of Planning Services. (Department of Planning Services)
C. The applicant shall attempt to address the requirements (concerns) of the Town of Frederick, as
stated in the referral response dated March 17. 2016. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
D. The applicant shall attempt to address tie requirements (concerns) of tie Stan ey Ditcn Company, as
stated in the referral response dated March 29, 2016. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
E. The map shall be amended to delineate the following:
1 ) All sheets of the map shall be labeled USR16-0007. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
RESOLUTION USR16-0007
HANS WIMMER
PAGE 4
3) The map shall be prepared per Section 23-2-260. D of the Weld County Code. (Department of
Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350. H of the Weld County
Code addresses the issue of trash collection areas. (Department of Planning Services)
5) 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)
6) The map shall delineate the screening from public rights-of-way and surrounding property owners.
(Department of Planning Services)
7) The map shall delineate the lighting, if applicable. (Department of Planning Services)
8) The map shall delineate the parking area. (Department of Planning Services)
9) County Road 17 is a gravel road and is designated on the Weld County Road Classification Plan
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)
10) Show and label the approved accesses (AP16-00078) , and the appropriate turning radii on the
site plan. (Department of Public Works)
11 ) Show and label the approved tracking control on the site plan . (Department of Public Works)
12) Show and label the entrance gate set back a minimum of 100ft from edge of shoulder.
(Department of Public Works)
13) 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" and shall include the calculated
volume. (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 map not
be recorded within the required one hundred twenty ( 120) days from the date of the Board of County
Commissioners Resolution . a $50. 00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review,
as appropriate. Acceptable CAD formats are .dwg. dxf, and .dgn (Microstation) ; acceptable GIS formats
are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4) . (Group 6 is not acceptable) . This digital file may be sent to mapsco.weld.co. us. (Department
of Planning Services)
RESOLUTION USR16-0007
HANS WIMMER
PAGE 5
5 . Prior to Construction:
A The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
B. If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit will be required.
(Department of 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 map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Nick Berryman .
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 April 19. 2016.
Dated the 19th of April , 2016
Digitally signed by Kristine Ranslem
- -• 4Andu Date: 2016.04.22 14:30:26 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hans Wimmer
USR16-0007
1 _ A Site Specific Development Plan and Use by Special Review Permit. USR16-0007, 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 (Indoor and outdoor storage of RVs, boats, and trailers. with an office/store, and RV dump
station) 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 and one ( 1 ) single-family
dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family dwelling
unit) to be used as a caretaker residence 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 number of on-site employees shall be one ( 1 ) (Department of Planning Services)
4 . The hours of operation are 24-hours a day / 7-days a week. (Department of Planning Services)
5 . No derelict vehicles. as defined in Section 23- 1 -90 of the Weld County Code, shall be stored on the site.
(Department of Planning Services)
6. All vehicles located within the RV storage area must be operational with current license plates and tags.
(Department of Planning Services)
7. There shall be no outside storage of industrial and/or commercial vehicles, equipment or materials.
(Department of Planning Services)
8. No hazardous materials shall be stored on site. (Department of Planning Services)
9. The landscaping/screening on the site shall be maintained . (Department of Planning Services)
10 . 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)
11 . The property owner shall control noxious weeds on the site. (Department of Public Works)
12 . 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)
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services-Engineer)
15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services-Engineer)
16 . 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)
17 No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act. 30-20- 100. 5, C. R. S . (Department of Public Health and Environment)
RESOLUTION USR16-0007
HANS WIMMER
PAGE 7
18. Waste materials shall be handled, stored , and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in
accordance with Chapter 14 , Article 1 of the Weld County Code. (Department of Public Health and
Environment)
19. Fugitive dust should attempt to be confined on the property_ Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
20 . This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code (Department of Public Health and Environment)
21 . Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems A permanent. adequate water supply shall be
provided for drinking and sanitary purposes (Department of Public Health and Environment)
22 . Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. For 10 or less customers or visitors per 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)
23. RV dump stations shall be connected to an appropriately engineer designed Onsite Waste Water
Treatment System which complies with all provisions of the Weld County Code, pertaining to Onsite
Waste Water Treatment Systems. (Department of Public Health and Environment)
24. 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)
25 . 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)
26. A building permit may be required, per Section 29-3- 10 of the Weld County Code. Currently the following
has been adopted by Weld County 2012 International Codes: 2006 International Energy Code, 2014
National Electrical Code: A building permit application must be completed and two complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review_ A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required or an open hole inspection. (Department of Building Inspection)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
28 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.
29. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from the plans or
Development Standards. as shown or stated. shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted . Any other changes shall be filed in the office of the Department of Planning
Services
RESOLUTION USR16-0007
HANS WIMMER
PAGE 8
30. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
31 . RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT_ Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil , natural gas, and coal.
Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (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.
32 . WELD COUNTY'S RIGHT TO FARM : Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion , and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area . Well-run agricultural activities
will generate off-site impacts. including noise from tractors and equipment: slow-moving farm vehicles on
rural roads: dust from animal pens, field work, harvest and gravel roads: odor from animal confinement,
silage and manure; smoke from ditch burning: flies and mosquitoes: hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3. 5-102. C.R.S , provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production .
Water has been , and continues to be, the lifeline for the agricultural community It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County. property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4. 000) square miles in size (twice the
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.
RESOLUTION USR16-0007
HANS WIMMER
PAGE 9
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.
1' C N4 JTES
- \ 1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. April 19, 2016
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , and 1150 O Street, Greeley. Colorado, This meeting was called to order by Chair,
Jordan Jemiola, at 12: 30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille. Jordan Jemiola. Michael Wailes. Nick Berryman ,
Terry Cross.
Absent: Benjamin Hansford . Joyce Smock.
Also Present: Chris Gathman . Diana Aungst. Michelle Martin. and Tom Parko. Department of Planning
Services, Wayne Howard. Department of Planning Services — Engineering Division ; Lauren Light and Ben
Frissell , Department of Health, Janet Lundquist, Public Works; Bob Choate. County Attorney. and Kris
Ranslem. Secretary.
Motion. Approve the April 5. 2016 Weld County Planning Commission minutes, Moved by Bruce Sparrow,
Seconded by Bruce Johnson . Motion passed unanimously.
CASE NUMBER USR16-0007
APPLICANT HANS WIMMER
PLANNER DIANA AUNGST
REQUEST 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 ( INDOOR AND OUTDOOR STORAGE OF RVS, BOATS. AND
TRAILERS, WITH AN OFFICE/STORE, AND RV DUMP STATION) PROVIDED
THA
T 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 AND ONE
( 1 ) SINGLE- FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE FAMILY
DWELLING UNIT) TO BE USED AS A THE CARETAKER RESIDENCE IN THE
A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE-3428, PART SW4 SW4 SECTION 28, T2N. R67W OF
THE 6TH P. M. . WELD COUNTY, COLORADO.
LOCATION EAST OF AND ADJACENT TO CR 17 AND APPROXIMATELY 360 FEET NORTH
OF CR 16
Diana Aungst, Planning Services. presented Case USR16-0007. reading the recommendation and
comments into the record . Ms Aungst noted that no letters were received from surrounding property
owners: however a letter from Anadarko Kerr McGee was received in opposition to this case. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards,
Janet Lundquist, reported on the existing traffic. and access to the site.
Wayne Howard . Engineering , reported on the drainage conditions and the requirements on site.
Lauren Light. Environmental Health , reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan .
Sheri Lockman , Lockman Land Consulting . 36509 CR 41 . Eaton , noted that at their pre-hearing meeting
an item was brought up that if someone was to park their car while they travel with their RV they would like
to be allowed to do that, She clarified that it would not be used as permanent storage of the car but as a
swap out for when they are on vacation .
Ms. Lockman said that the applicant has had correspondence and meetings with Anadarko for over a year
and although initially they were not on board with Anadarko's comments they now feel that the can come
EXHIBIT
' t , - 10 ,1
to an agreement. She added that they plan to have this agreement prior to the Board of County
Commissioners hearing .
In reference to Condition of Approval 1 D, the Stanley Ditch Company requested a review fee of $5000 and
an application fee of $500. Additionally. they had some concerns with the site plan submitted: therefore
the applicant made some adjustments on the site plan . Ms. Lockman explained that they are not crossing,
encroaching . boring or draining any water into the ditch After the changes to the site plan, the Stanley Ditch
Company requested that the applicant enter into a Seepage Easement Agreement, which Ms. Lockman
provided to the Planning Commission . Ms. Lockman said that they understand that the ditch company has
historic rights for seepage and they don't plan to interfere with those rights. However they do not believe it
is in the best interest of the applicant to sign this document and could be detrimental to him in the future
because of some statements in the agreement. Therefore. Ms. Lockman asked the Planning Commission
to consider Condition of Approval 1 D as completed as the applicant has attempted multiple times to meet
the ditch 's concerns.
Commissioner Johnson asked why the ditch company thinks they need the Seepage Agreement. Hans
Wimmer stated that the water drains away from the ditch to his property and believes that the ditch is
concerned with causing damage on his property.
Ms. Lockman referred to Condition of Approval 1 .C and said that they have talked with Janet Lundquist,
Weld County Public Works. and Sarah Higgins, Town of Frederick and they determined that it would be
best for all of them to meet prior to the Board of County Commissioners hearing and discuss the
improvements agreements that Weld County and the Town of Frederick are wanting .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
The Chair asked staff if there are any changes to the staff report. Ms. Aungst said that they have no
changes
Ms. Lockman requested removal of Condition of Approval 1 . D as they have tried to address the ditch's
concerns.
Motion : Delete Condition of Approval 1 . D, Moved by Bruce Johnson. Seconded by Nick Berryman.
Motion carried unanimously.
Ms. Lockman stated that they did submit a letter with regard to Condition of Approval 1 . B and requested
that this condition be noted as completed. Ms. Aungst stated that the applicant did submit evidence in
writing that they would address all the concerns outlined by the Ft. Lupton Fire Protection District: therefore
staff has no concerns with the removal of this condition
Motion : Delete Condition of Approval 1 . B. Moved by Terry Cross. 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 USR16-0007 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval . Moved by Bruce Sparrow. Seconded by Nick Berryman .
Vote: Motion carried by unanimous roll call vote (summary : Yes = 7).
Yes : Bruce Johnson. Bruce Sparrow. Gene Stille, Jordan Jemiola, Michael Wailes, Nick Berryman . Terry
Cross_
Meeting adjourned at 6:44 pm.
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Respectfully submitted,
Digitally signed by Kristine Ranslem
Date: 2016.04.22 14:36:24 -06'00'
Kristine Ranslem
Secretary
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