HomeMy WebLinkAbout20163374.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER
APPLICANT
PLANNER:
REQUEST.
LEGAL DESCRIPTION
LOCATION:
USR16-0027
THE MARGOLIS LAND COMPANY, LLC AND JOHN S VAN ANNE. C/O RUSS
KNODEL
DIANA AUNGST
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 (OUTDOOR STORAGE OF RVS. BOATS. ATVS. VANS,
STANDALONE CAMPERS. MOTORHOMES. 5TH WHEEL TRAILERS. PICKUP
TRUCKS WITH OR WITHOUT ATTACHED CAMPERS, AND OTHER SIMILAR
ITEMS INCLUDING INDUSTRIAL OR COMMERCIAL VEHICLES AND FLATBED
TRAILERS. AN OFFICE AND AN 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 IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -4217; PART NW4 SECTION 32, T1 N. R66W OF THE
6TH P.M., WELD COUNTY, COLORADO
SOUTH OF AND ADJACENT TO NEW ENERGY ROAD (CR 4):
APPROXIMATELY 650 FEET EAST OF MAIN STREET (CR 27)
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 outdoor storage of RVs, boats. and trailers. A future 8'x16'
office and RV dump station are proposed. Adequate parking will be provided for the office. One
employee is proposed and customer entry will be with a key -coded -gate. About 400 -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. The application material state that a 6 -foot chain -link fence with a 12 inch barbed-wire cap will
surround the perimeter of the storage area. The section of fence abutting CR 4 will have tan netting to
screen the storage area from the public right-of-way. All landscaping will be along CR 4. Two trees
will be located at the entrance and tall grass will be planted in mounds every 50 feet along the fence
between the fence and the retention ponds. Solar driveway lights will be installed along the drive. The
remaining area outside the fence will be landscaped with native grass. rock or mulch.
The proposed facility is in an area that can support this development. The proposed 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.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40.S. which allows for a Site Specific Development Plan and Use by Special
Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special
Review in the Commercial or Industrial Zone Districts (Outdoor storage of RVs, Boats. ATVs. vans,
RESOLUTION USR16-0027
THE MARGOLIS LAND COMPANY, LLC AND JOHN S VAN ANNE. CIO RUSS KNODEL
PAGE 2
standalone campers. motorhomes, 5th wheel trailers, pickup trucks with or without attached campers,
and other similar items including industrial or commercial vehicles and flatbed trailers. an office and
an 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 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, rural residences. Vestas is north of the site across CR
4 and there is a construction company on the parcel west of and adjacent to the site. The closest
residence is also located on the same parcel as the construction company.
There are fourteen (14) USRs within one mile of the site. With 8 of the 14 being located west of
Highway 85; the site is located east of Highway 85. USR-1172. USR-1350, Amended USR-905,
USR-968 are all gravel mining USRs located west of the site along the South Platte River. MUSR14-
0002 for a gravel pit, asphalt and storage and USR-1373 for a concrete batch plant are located west
of the site. USR-1493 and USR-1744 for commercial junkyards and salvage facilities are located north
and west of the site. USR-969 for a water ski club. USR-1402 for a maintenance shop. USR-1676
(Vestas) for research. repair and manufacturing (now annexed into Brighton), and Amended USR-
1458 for mineral resource development are all located north of the site. USR-1658 for a construction
business is located west of and adjacent to the site. USR-226 for oil tanks is located north of and
adjacent to the site (also annexed into Brighton).
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 Town of Lochbuie and the Cities of Fort
Lupton and Brighton. The site is also located within the Intergovernmental Area (IGA) for the City of
Fort Lupton. The Town of Lochbuie and the City of Brighton did not respond with any referral agency
comments. The City of Fort Lupton in their referral agency comments dated August 25. 2016 indicated
no concerns.
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.
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.
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 10.00 acres of soils designated as `High Potential
Dry Cropland - Prime if they Become Irrigated per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The USR will not take any Prime (Irrigated)" farmland out of
production.
RESOLUTION USR16-0027
THE MARGOLIS LAND COMPANY. LLC AND JOHN S VAN ANNE, 0/O RUSS KNODEL
PAGE 3
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health. safety. and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240. Weld County Code). Operation Standards (Section 23-2-
250. Weld County Code). Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health. safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based. in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0027. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County
Code addresses the issue of trash collection areas. (Department of Planning Services)
5) 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) Show the approved City of Brighton accesses on the site plan and label with the approved access
permit number if applicable. (Department of Public Works)
9) 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. No -Build
or Storage Area" and shall include the calculated volume. (Department of Planning Services -
Engineer)
10) 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) 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)
RESOLUTION USR16-0027
THE MARGOLIS LAND COMPANY. LLC AND JOHN S VAN ANNE, 0/O RUSS KNODEL
PAGE 4
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 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 cni co.weid.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. 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 Michael Wailes.
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 October 18, 2016.
Dated the 18th of October. 2016
d34M Uw
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2016.10.20 11:39:10 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Margolis Land Company LLC c/o Russ Knodel
USR16-0027
1. A Site Specific Development Plan and Use by Special Review Permit. USR16-0027. 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 (Outdoor storage of RVs, Boats, ATVs. vans, standalone campers,
motorhomes, 5th wheel trailers, pickup trucks with or without attached campers, and other similar items
including industrial or commercial vehicles and flatbed trailers, an office and an 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 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. 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. 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)
8. All vehicles located within the RV storage area must be operational with current license plates and tags.
(Department of Planning Services)
9 There shall be no storage of industrial and/or commercial vehicles, equipment or materials. (Department
of Planning Services)
10. No hazardous materials shall be stored on site. (Department of Planning Services)
11. The property owner shall control noxious weeds on the site. (Department of Public Works)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
13. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services -Engineer)
14. 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)
15. 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)
16. 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)
RESOLUTION USR16-0027
THE MARGOLIS LAND COMPANY LLC AND JOHN S VAN ANNE, CIO RUSS KNODEL
PAGE 6
17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
28. 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 USR16-0027
THE MARGOLIS LAND COMPANY, LLC AND JOHN S VAN ANNE. CIO RUSS KNODEL
PAGE 7
29. 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.
30. 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. October 18. 2016
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 and Diana Aungst. Department of Planning Services: Hayley Balzano,
Department of Planning Services — Engineering Division; Lauren Light. Department of Health: Evan
Pinkham. Public Works: Bob Choate. County Attorney, and Kris Ranslem. Secretary.
Motion: Approve the October 4. 2016 Weld County Planning Commission minutes, Moved by Bruce
Johnson, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR16-0027
APPLICANT: THE MARGOLIS LAND COMPANY. LLC AND JOHN S. VAN ANNE. C /O RUSS
KNODEL
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 (OUTDOOR STORAGE OF RVS, BOATS. ATVS. VANS,
STANDALONE CAMPERS, MOTORHOMES 5TH WHEEL TRAILERS. PICKUP
TRUCKS WITH OR WITHOUT ATTACHED CAMPERS, AND OTHER SIMILAR
ITEMS INCLUDING INDUSTRIAL OR COMMERCIAL VEHICLES AND FLATBED
TRAILERS, AN OFFICE AND AN 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 IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE -4217; PART NW4 SECTION 32, T1 N, R66W OF THE
6TH P.M., WELD COUNTY. COLORADO
LOCATION: SOUTH OF AND ADJACENT TO NEW ENERGY ROAD (CR 4);
APPROXIMATELY 650 FEET EAST OF MAIN STREET (CR 27)
Diana Aungst, Planning Services. presented Case USR16-0027. 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. Commissioner Cope referred
to the statement that the historic pattern is not able to be maintained but then there is a development
standard requirement that the applicant maintains the historic pattern. Ms. Balzano asked that they revisit
this again while she confers with staff and makes changes to the development standard.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan.
Russ Knodel. Brighton. Colorado. stated that this property has a lot of run off from adjacent properties. The
landowner had put in a retention ditch and made it possible for development. He added that he sees viable
potential for storage in this area.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
1
Ms. Aungst suggested amending Development Standard 12 by deleting "flow patterns and" so that it is
consistent that the historical run off amounts on the site will be maintained.
Motion: Amend Development Standard 12 as stated by staff Moved by Terry Cross. Seconded by Joyce
Smock Motion carried unanimously
Bob Choate, County Attorney, noted that Development Standard 9 refers to no storage of industrial
vehicles: however it appears that this USR would specifically authorize the storage of commercial and
industrial vehicles.
The applicant stated that he does not intend to allow storage of industrial or commercial equipment or
materials on site. After several suggestions and discussion, Commissioner Barringer recommended
amending Development Standard 9 to "There shall be no storage of industrial vehicles, equipment or
materials".
Motion: Amend Development Standard 9 as stated by Ms. Barringer. Moved by Bruce Johnson,
Seconded by Tom Cope. Motion carried unanimously.
Ms. Aungst noted that the language under Development Standard 1 includes industrial vehicles: therefore
by amending Development Standard 9 she suggested also amending Development Standard 1 by deleting
"industrial or"
Motion: Amend Development Standard 1 as recommended by Staff. Moved by Bruce Johnson.
Seconded by Jordan Jemiola. 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 USR16-0027 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 Bruce Johnson. 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.
Meeting adjourned at 1:26 pm.
Respectfully submitted.
AIVhJYU
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2016.10.20 10:48:21 -06'00'
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