HomeMy WebLinkAbout20153463.tiff EXHIBIT
BEFORE THE WELD COUNTY,COLORADO,PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO U5R15-0o1le
Moved by Michael Wailes,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: USR15-0046
APPLICANT: FLOYD RUSTYE COLE
PLANNER: KIM OGLE
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(SOLID WASTE MANAGEMENT FACILITY),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)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: S2 NW4 SECTION 17, T9N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: APPROXIMATELY 660 FEET SOUTH OF CR 106;EAST OF AND ADJACENT TO
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 23-2-220.A.1.A.Policy 7.1.states"County land use regulations should support
commercial and industrial uses that are directly related to,or dependent upon,agriculture,to
locate within the agricultural areas,when the impact to surrounding properties is minimal,or
can be mitigated, and where adequate services are currently available or reasonably
obtainable." The Snowy River Enterprises,LLC Tire Recycling base of operations,outside
equipment/vehicle storage and staging facility is located in an area that allows good access to
a paved road and is within 3.5 miles of County Road 100.
Section 22-2-100.E.C.Goal 5.States"Minimize the incompatibilities that occur between
commercial uses and surrounding properties.'The facility is located on a 80 acre parcel 0.5
miles northwest of the Town of Nunn. The parking of vehicles and outside storage of
equipment and tires and similar supplies will be required to be screened from adjacent
property and public rights-of-way. Planning staff has received three statements of support
(Guevara located at 13260 CR 106;King located at 131341 County Road 104 and Ford
located at 13391 County Road 104 requesting to provide no screening on the property.
Given the request,the Department of Planning Services is not requiring screening.
Section 22-2-20.F.3.—A.Policy 6.3.states,"Encourage multi-generational,caretaker,guest
and accessory quarters."
The second single-family dwelling will be occupied by an individual who is related to the
property owner,however,the residence may be used as a rental income property in the
future.
Section 22-2-20.H. -A.Goal 8. states, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
Z/5-3163
RESOLUTION USR15-0046
FLOYD RUSTYE COLE
PAGE 2
The applicants are requesting a USR permit for two(2)single-family dwellings on one parcel.
The applicant receives water from a well approved for domestic purposes inside three single
family dwellings, irrigation of up to one acre lawn and garden and the owner's large non-
commercial domestic animals. The Division of Water Resources indicates that the approved
uses for well permit no. 297778 are consistent with the proposed uses. The Conditions of
Approval and Development Standards ensure that there are adequate services and facilities
available.
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 of the Weld County Code lists any use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(Tire Recycler)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 Section 23-3-40.M.which allows for one(1)single-family dwelling unit per
lot other than those permitted under Section 23-3-20.A. (second single-family dwelling unit)
as a Use by Special Review 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.
Surrounding lands are predominately rangeland in native grasses. There is a limited amount
of residential development to the north and two houses located one-half mile to the south.
There are five property owners on seven parcels within 500 feet of this proposed facility,with
the nearest residence from the property line of the site is north approximately 1100 feet to the
Guevara residence with all other residential properties located north and south approximately
2300 feet. There is a transmission corridor adjacent to the western property line, Western
Area Power Administration has a 345 kV Transmission Line, Public Service of Colorado has
a 10-inch or greater high pressure gas line and KN Wattenburg also has a gas pipeline. As
previously stated,the Guevara residence stated that they would be in support of no fence for
the facility.
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 Nunn. The Town in
their referral comments, dated August 28, 2015 indicated that they have concerns with the
potential for contaminants, if any,to leach into the adjacent Creek to the east of the property.
Planning staff did not identify a named water source to the east,however,the Department of
Public Health and Environment is requiring that the facility operate in accordance with the
approved Engineering Design and Operations Plan.
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.
RESOLUTION USR15-0046
FLOYD RUSTYE COLE
PAGE 3
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 80 acres of High Potential Dry Cropland—
Prime if they become irrigated per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. There is no irrigation water associated with this parcel and currently the
property is in native grasses.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health,safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a stormwater drainage variance request or, if the site does not
qualify for a variance, then a Final Drainage Report and Certification of Compliance stamped
and signed by a Professional Engineer registered in the State of Colorado is required.
(Department of Planning Services-Engineer)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0046. (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. County Road 27 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 Planning Services-Engineer)
6. Used tire storage areas and product storage areas should be designated on the map.
(Department of Public Health and Environment)
7. Show and label the approved access(es)(AP15-00218),and the appropriate turning radii
on the site plan. (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 plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
RESOLUTION USR15-0046
FLOYD RUSTYE COLE
PAGE 4
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty(120)days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review,as appropriate. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles orArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsa.co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services-Engineer)
6. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed residence(s) and shall be
installed according to the Weld County Onsite Wastewater Treatment System Regulations.
(Department of Public Health and Environment)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Gene Stille.
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.
RESOLUTION USR15-0046
FLOYD RUSTYE COLE
PAGE 5
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 6, 2015.
Dated the 6th of October, 2015.
Digitally signed by Kristine Ranslem
Date:2015.10.09 16:11:57-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Snowy River Enterprises, LLC
c/o F. Rustye Cole
USR15-0046
1. 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 (solid
waste management facility),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) 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 hours of operation are 8:00 a.m.-5:00 p.m.Monday—Friday,except in the case of an emergency or
to make necessary repairs to equipment as stated by the applicant(s).(Department of Planning Services)
4. 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)
5. The number of employees shall be limited to two(2)as stated in the application materials. (Department of
Planning Services)
6. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,Section 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.
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, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive dust,fugitive
particulate emissions, blowing debris,and other potential nuisance conditions. The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code.
9. Fugitive dust and fugitive particulate emissions should attempt to be confined on the property. Uses on
the property should comply with the Colorado Air Quality Commission's air quality regulations.
10. The facility at all times shall operate in accordance with the approved Engineering Design and Operations
Plan. If during the operational activities of this facility information is revealed that changes the currently
held concept of the site, the Hazardous Materials and Waste Management Division of the Colorado
Department of Public Health and Environment may request modifications to the Engineering Design and
Operations Plan. In addition, regulatory changes that the Colorado Department of Public Health and
Environment may implement in the future may also become binding and necessitate modifications to the
Engineering Design and Operations Plan. Modifications to the Engineering Design and Operations Plan
will be approved, in writing, by both the Colorado Department of Public Health and Environment and the
Weld County Department of Public Health and Environment.
11. All required reports and recordkeeping information will be submitted to the WCDPHE upon request and
maintained at the facility. Records will be maintained onsite indicating an annual report will be submitted to
the CDPHE and the WCDPHE by April 1 of each year.
12. The facility shall comply with the waste tires section (Section 10) of the Regulation Pertaining to Solid
Waste Sites and Facilities, 6 CCR 1007-2, Part 1, if applicable.
RESOLUTION USR15-0046
FLOYD RUSTYE COLE
PAGE 7
13. The facility shall have no more than 100 tons of used tires and used tire products at the facility. If the
facility has a written contract or purchase order for sale of used tire products,the tonnage specified on the
written contract or purchase order will not count toward the 100 tons allowed onsite.
14. The applicant shall submit an Air Pollution Emission Notice(APEN)and Emissions Permit application to
the Air Pollution Control Division (APCD) of the Colorado Department of Health and Environment, as
necessary.
15. The used tires and used tire product will not be stored outside of the designated cells. Lanes between
cells shall be free of tires,debris and vegetation at all times.Wastes or material other than used tires and
used tire products will not be placed into designated cells.
16. 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.
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. If employees or contractors are on site for less than 2 consecutive hours a day
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.
18. 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 (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturer's recommendations.
19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code.
20. Following the commencement of operation,The property owner or operator shall provide written evidence
of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency Management to the
Department of Planning Services. (Department of Planning Services)
21. 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)
22. 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)
23. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
24. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking. (Planning and Engineering)
25. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
26. Building permits may be required, per Section 29-3-10 of the Weld County Code.Currently,the following
have been adopted by Weld County:2012 International Codes,2006 International Energy Code,and 2014
National Electrical Code.A Building Permit Application must be completed and two(2)complete sets of
RESOLUTION USR15-0046
FLOYD RUSTYE COLE
PAGE 8
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
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.
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.
RESOLUTION USR15-0046
FLOYD RUSTYE COLE
PAGE 9
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
r no matter how often they are bladed, will not
families to respond to emergencies. County oads,
P 9
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.
EXHIBIT
e
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 1
s ce,
Tuesday, October 6 , 2015 LAS ► 15-- cogCo
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,
Jordan Jemiola , at 12 : 34 pm .
Roll Call .
P resent : Bruce Johnson , Bruce Sparrow, Gene Stille , Jordan Jemiola , Joyce Smock , Michael Wailes ,
N ick Berryman , Terry Cross .
Absent : Benjamin Hansford .
Also Present: Kim Ogle , Chris Gathman , and Diana Aungst, Department of Planning Services ; Wayne
Howard , and Jennifer Petrik, Department of Planning Services — Engineering Division ; Lauren Light,
Department of Health ; Bruce Barker, County Attorney , and Kris Ranslem , Secretary.
Motion : Approve the September 15 , 2015 Weld County Planning Commission minutes , Moved by Michael
Wailes , Seconded by Joyce Smock . Motion passed unanimously.
CASE NUMBER: USR15-0046
APPLICANT : FLOYD RUSTYE COLE
PLANNER : KIM OGLE
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 (SOLID WASTE MANAGEMENT FACILITY) ,
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) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION : S2 NW4 SECTION 17 , T9N , R66W OF THE 6TH P . M . , WELD COUNTY,
COLORADO .
LOCATION : APPROXIMATELY 660 FEET SOUTH OF CR 106 ; EAST OF AND ADJACENT
TO CR 27 .
Kim Ogle , Planning Services , presented Case USR15-0046 , reading the recommendation and comments
into the record . Mr. Ogle noted that three (3 ) letters of support were received requesting to provide no
screening on the property. Given this request, the Department of Planning Services is not requiring a
screening plan . The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards .
Wayne Howard , 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 .
Rustye Cole stated that he is the owner of Snowy River Enterprises for 23 years . The reason for this
request is to get out of debt and operate on a smaller scale . He added that they chose this area because
there is less traffic and he won 't be impacting the area with traffic and with the product stream available in
the area .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
N o one wished to speak .
1
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 USR15-0046 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 Michael Wailes, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman, Terry Cross.
Meeting adjourned at 6:10 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
4i11X2ivu Date:2015.10.09 16:10:53 -06'00'
Kristine Ranslem
Secretary
2
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