HomeMy WebLinkAbout20150093.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, 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: USR14-0061
APPLICANT: RICHARD CARLSON
PLANNER. KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE.
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE OF COMMERCIAL MATERIALS -- DOORS. TRIM,
CARPET, TOILETS AND CABINETS) FOR RENTAL PROPERTIES IN A
STRUCTURE AND THE PARKING AND STORAGE OF FIVE (5) COMMERCIAL
VEHICLES PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR LOTS PART 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-3228; PART E2 SECTION 15, Ti N , R65W OF THE 6TH
P. M. . WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 10; 0.25 MILES WEST OF CR 45.
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. Mr. Richard Carlson, is proposing to utilize an existing structure and up to five
metal skinned trailers to store materials, equipment and fixtures utilized at and for his rental
properties. The storage will utilize an area 2 ,600 feet South of County Road 10, east of the
Carlson residence, north of the Neres Canal located in an area screened from adjacent
property owners predominately by the Canal and existing topography. The application
materials state that there will be 1 -5 persons delivering or taking away the goods stored on
site. There is an existing non-commercial junkyard on the property consisting of tires,
packaged goods, wood, pipe, white goods, commercial vehicles and passenger vehicles that
may or may not be operational . The application indicates that these goods will be placed
behind the fenced enclosure near the existing shop/storage building
The applicant is proposing to construct a six foot in height opaque fence to screen the
materials. The application materials also delineate a wood lot. mature landscaping and
mown and prairie grasses on the property. No additional landscaping is proposed. The
application materials do not show any parking spaces and due to this type of use staff is not
recommending any. The applicant has existing yard lights near the residence located at the
south end of the property.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A A• ricultural
Zone District. EXHIBIT
?O ) Sj -- ooq ',
RESOLUTION USR14-0061
RICHARD CARLSON
PAGE 2
Citing the Weld County Code, Section 23-3-40.S provides for a Site Specific Development
Plan and 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, 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.PUD development proposals
shall not be permitted to use the special review permit process to develop;the request is for
the parking and storage of five(5)Commercial Vehicles 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 properties are mainly utilized for grazing, limited crop production and rural
residences.County Road 10 borders the site on the north. The properties to the north,east,
south and west are cropland. The closest residence is approximately 775 feet southwest of
the site.
There are two(2) USRs located within one mile of this parcel. SUP-354 for a gravel mine is
west of Interstate 76 and South of County Road 10. USR-538 also for a gravel mine is
located southwest of the site south of and adjacent to County Road 8, east of Interstate 76.
The Weld County Department of Planning Services has received two letters from the
surrounding property owners that objects to this USR. In one letter dated October 16, 2014,
there were concerns about the non-commercial junkyard and the acquisition of additional
components associated with the non-commercial junkyard and an effective screening plan to
mitigate this eye-sore. In a second letter received October 21, 2014 there were concerns
about the non-commercial junkyard. In their case it is also the single-wide office trailer and
the piles of concrete located south of and adjacent to County Road 10. Both letters cited a
substantial non-commercial junkyard that is present on the Carlson property.
The Conditions of Approval state that a Fence/Screening Plan is required for the outdoor
storage. The construction of the opaque fencing, placement of all storage and non-
commercial junkyard components behind the fenced enclosure or within the trailers and shop
building, along with the Development Standards and the Conditions of Approval for this
proposal will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses.
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 Town of Hudson. The Town did
not return a referral response indicating a conflict with their interests.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
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.
RESOLUTION USR14-0061
RICHARD CARLSON
PAGE 3
The proposed facility is located on approximately 64 acres,with land north of the residence
and site improvements identified as"Prime(Irrigated)lands"and lands with the improvements
located on approximately 10 acres in an area parallel to the canal identified as"Prime if they
become irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. As no development is proposed north of the residence,no Prime irrigated land
will be taken 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 USR map:
A. The applicant shall address the requirements of the Weld County Department of Building
Inspection,as stated in the referral response dated October 8,2014. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services. (Department of
Building Inspection)
B. The applicant shall address the requirements of the Weld County Department Public Health
and Environment, as stated in the referral response dated October 24, 2014. The applicant
shall specifically provide the following:
1. The applicant shall submit a Dust Abatement Plan, detailing on site dust control
measures,for review and approval,to the Department of Public Health and Environment.
2. The applicant shall submit written evidence of a commercial well to the Department of
Public Health and Environment.
3. The applicant shall submit evidence of an Air Pollution Emission Notice(A.P.E.N.)and
Emissions Permit application from the Air Pollution Control Division, Colorado
Department of Health and Environment, if applicable. Alternately, the applicant may
provide evidence from the APCD that they are not subject to these requirements.
Evidence of such shall be submitted, in writing,to the Weld County Department Public Health
and Environment. (Department Public Health and Environment)
C. The applicant shall address the requirements of the State of Colorado, Division of Water
Resources, as stated in the referral response dated October 9, 2014. The Division states the
applicant needs to obtain a valid permit for their existing well. If the applicant desires to use the
existing well for commercial purposes in addition to domestic uses,a non-exempt permit will be
required. Evidence of such shall be submitted, in writing, to the Weld County Department of
Planning Services. (Division of Water Resources)
D. The applicant shall attempt to address the requirements of Anadarko E&P Onshore, LLC, as
stated in the referral response dated October 14, 2014. (Department of Planning Services)
E. The applicant shall attempt to address the requirements of the Farmers Reservoir and Irrigation
Company,as stated in the referral response dated September 29,2014. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services(FRICO)
RESOLUTION USR14-0061
RICHARD CARLSON
PAGE 4
F. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard items located on the property are screened from all adjacent
properties and public rights-of-way, or have been removed from the property. (Department of
Planning Services)
G. The applicant shall submit a Screening Plan to the Department of Planning Services for review
and approval. All storage areas shall be screened from adjacent properties and public rights of
way. (Department of Planning Services)
H. County Road 10 has been annexed by the Town Hudson. Access and right-of-way
requirements will be determined by the Town. (Department of Planning Services—Engineer)
I. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0061 (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 the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The approved Fence/Screening Plan. (Department of Planning Services)
6. Label the approved Town of Hudson accesses on the plat with access permit number if
applicable. (Department of Planning Services- Engineer)
7. The applicant shall label the CR10 right of way on the map. (Department of Planning
Services- Engineer)
8. The applicant shall label the approved water quality feature on the plat as"Water Quality
Feature, No Build/Storage Area". Show drainage flow arrows. (Department of Planning
Services- Engineer)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit onee(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
mapseco.weld.co.us. (Department of Planning Services)
RESOLUTION USR14-0061
RICHARD CARLSON
PAGE 5
5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review 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 Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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 December 16, 2014.
/ J
Dated� the 16th of December, 2014.166/11-Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD CARLSON
USR14-0061
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0061,for a use permitted
as a use by right, an accessory use, or a use by special review in the Commercial or Industrial Zone
Districts (Storage of Commercial Materials -- Doors, Trim, Carpet, Toilets and Cabinets) for Rental
Properties in a structure and the parking and storage of Five(5) Commercial Vehicles provided that the
property is not a Lot in an approved or recorded subdivision plat or lots part 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 commensurate with the number of persons which the septic
system may accommodate in accordance with the requirements of the Weld County Code, pertaining to
Onsite Waste Treatment Systems(O.W.T.S.) Regulations. (Department of Planning Services)
4. The hours of operation are 8:00 a.m. - 8:00 p.m. Monday — Sunday, as stated by the applicant(s).
(Department of Planning Services)
5. The screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
6. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,
C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
7. 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., as amended. (Department of Public Health and Environment)
8. 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 the approved Waste Handling Plan, at all times. (Department of Public Health and
Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
11. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product
labeling, and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
12. The facility shall comply with Regulation No. 9, Open Burning, Prescribed Fire, and Permitting (5 CCR
1001-11) of the Colorado Air Quality Control Commission. Only clean, untreated wood and untreated
wood products may be burned. (Department of Public Health and Environment)
13. Any vehicle or equipment washing areas 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)
RESOLUTION USR14-0061
RICHARD CARLSON
PAGE 7
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
15. Sewage disposal for the facility shall be by septic system. 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. In the event the existing septic system is utilized for business use,the septic system shall be reviewed by
a Colorado registered professional engineer if the usage surpasses septic permit G-19870239 sizing
limitations. 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)
17. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.(Department of
Public Health and Environment)
18. 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)
19. 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)
20. Should noxious weeds exist on the property, or become established as a result of the proposed
development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to
Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services- Engineer)
21. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services- Engineer)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services- Engineer)
23. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
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; 2011
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. 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.
26. 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 USR14-0061
RICHARD CARLSON
PAGE 8
27. 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.
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 safety, but also for the protection of the farmer's livelihood.
MIN 163
VZA k (40 1 IN
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 16, 2014
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,
Jason Maxey, at 1 : 30 pm .
Roll Call.
Present: Benjamin Hansford. Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce
Smock, Michael Wailes, Nick Berryman. Terry Cross.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning
Services; Wayne Howard. and Jennifer Petrik, Department of Engineering; Lauren Light and Heather
Barbare, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the December 2, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR14-0061
APPLICANT RICHARD CARLSON
PLANNER KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY
USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (STORAGE OF COMMERCIAL MATERIALS --
DOORS, TRIM, CARPET. TOILETS AND CABINETS) FOR RENTAL
PROPERTIES IN A STRUCTURE AND THE PARKING AND STORAGE OF
FIVE (5) COMMERCIAL VEHICLES PROVIDED THAT THE PROPERTY IS
NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR
LOTS PART 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-3228: PART E2 SECTION 15. T1 N R65W OF THE
6TH P. M. . WELD COUNTY. COLORADO.
LOCATION SOUTH OF AND ADJACENT TO CR 10; 0.25 MILES WEST OF CR 45.
Kim Ogle, Planning Services, presented Case USR14-0061 , reading the recommendation and comments
into the record . Mr. Ogle noted that three (3) letters were received in opposition to this request
concerning the non-commercial junkyard, visual pollution of the site, and the storage of materials on site.
The letters expressed the desire for screening of the outside storage. Mr. Ogle stated that staff is
requiring landscape or screening of the outdoor material . The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards
Jennifer Petrik, Engineering. reported on the existing traffic. access and 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.
Richard Carlson , 21450 CR 10. stated that he can remove the existing trailer on site and all of the items
outdoors that he has collected over the years will be screened.
Commissioner Berryman asked the applicant if he will be confining the storage area and fencing it. Mr.
Carlson replied that he has agreed to install a fence.
Commissioner Maxey asked if there is a designated area for storage or if it will be expanded to other
areas of the property Mr. Ogle stated that screening is required to surround all outdoor storage.
EXHIBIT
a. ftI - D.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR14-0061 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 Benjamin Hansford, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote(summary:Yes =9).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Michael Wailes, Nick Berryman, Terry Cross.
Meeting adjourned at 6:37 pm.
Respectfully submitted,G
Kristine Ranslem
Secretary
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