HomeMy WebLinkAbout20151202.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIO
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR15-0003
APPLICANT MARTIN BARRON
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS(STORAGE AND STAGING OF TRUCKS AND EQUIPMENT FOR A
ROUSTABOUT AND EXCAVATING BUSINESS ALONG WITH MINOR VEHICLE
MAINTENANCE ALONG WITH A PROPOSED SHOP BUILDING), 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: PART SE4 SECTION 9, T2N, R66W LOT A REC EXEMPT RE-1155 OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 22 AND APPROXIMATELY 1.600 FEET
WEST OF CR 31.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.2 A.Policy 7.2.states: "Conversion of agricultural land to nonurban
residential,commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development,and should attempt to be compatible with the
region."
Section 22-2-20.1.A.Goal 9.states:"Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20.1.5. A.Policy 9.5. states: "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies. Encourage applicants to communicate with those affected
by the proposed land use change through the referral process."
The proposed facility is located immediately to the northwest of a single family residence.A
USR for an Oil and Gas Support Facility (USR-1758) and a USR for parking and repair
vehicles (USR-1317) are located to the southwest to the southeast of the site. Given the
proximity to the adjacent residences and that the applicant proposes to store equipment
outside,the Department of Planning Services is requiring a Landscape/Screening Plan and
Lighting Plan.
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 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, (storage and staging of construction equipment),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
oWl5-l20a
RESOLUTION USR15-0003
MARTIN BARRON
PAGE 2
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed facility is located immediately to the northwest of a
single family residence.A USR for an Oil and Gas Support Facility(USR-1758)and a USR
for parking and repair vehicles(USR-1317)are located to the southwest and to the southeast
of the site. Given the proximity to the adjacent residences and that the applicant proposes to
store equipment and soil outside, the Department of Planning Services is requiring a
Landscape/Screening Plan and Lighting Plan.
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 City of Fort Lupton. No referral
response has been received from the City of Fort Lupton in regards to this case.
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.
The proposed facility is located on approximately 3.23 acres delineated as "Other" and
"Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
The majority of the site(including where the proposed shop is to be located)is designated as
"Other".
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 applicant shall submit a revised waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health&Environment. The
plan shall include disposal/recycling of tires, batteries and other scrap parts generated from
vehicle maintenance and disposal/recycling of all waste fluids such as oil and antifreeze.
Include the names, telephone numbers and addresses of the waste handlers and
disposal/recycling facilities. (Department of Public Health and Environment)
RESOLUTION USR15-0003
MARTIN BARRON
PAGE 3
B. The applicant shall submit a Dust Abatement Plan, detailing on site dust control measures,for
review and approval, to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. (Department of Environmental Health)
C. In the event the applicant intends to utilize the existing septic system at the home,for business
use,the septic system shall be reviewed by a Colorado registered professional engineer. The
review shall consist of observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or constructed, the
system shall be brought into compliance with current regulations. Alternately, a new septic
system may be installed for business use. (Department of Environmental Health)
D. In the event the applicant intends to utilize the existing domestic well at the home,for business
use, the applicant shall submit written evidence of a commercial well to the Department of
Public Health and Environment. (Department of Environmental Health)
E. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review
and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.which states,
in part,that,"any lighting shall be designed, located,and operated in such a manner as to meet
the following standards:sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties." (Department of Planning Services)
F. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning
Services for review and approval. All parking areas and storage areas shall be screened from
the adjacent properties and public rights of way. (Department of Planning Services)
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0003(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the approved landscaping and/or screening. (Department of
Planning Services)
6. The map shall delineate the lighting. (Department of Planning Services)
7. All signs (if any proposed) 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)
8. The map shall delineate the parking for customers and/or employees. (Department of
Planning Services)
9. County Road 22 is a paved road and is designated on the Weld County Road
Classification Plan as a Arterial road, which requires 140 feet of right-of-way at full
buildout.The applicant shall verify and delineate on the plat the future and existing right-
of-way and the documents creating the existing right-of-way. If the existing right of way
cannot be verified it shall be dedicated.All setbacks shall be measured from the edge of
future right-of-way. This road is maintained by Weld County. (Department of Planning
Services- Engineer)
RESOLUTION USR15-0003
MARTIN BARRON
PAGE 4
10. Show the approved access on the map and label with the approved access permit
number(AP15-00075). (Department of Planning Services- Engineer)
11. Show and label standard tracking control onto publically maintained roadways on the
map. (Department of Planning Services— Engineer)
12. Show the accepted water quality feature on the map with volume and label as WATER
QUALITY FEATURE, NO-BUILD OR STORAGE AREA. (Department of Planning
Services—Engineer)
13. Show and label the drainage flow arrows,turning radii(60ft),and parking and circulation
on the map. (Department of Planning Services—Engineer)
14. Show any proposed gate back a minimum of 75ft from the right of way. (Department of
Planning Services—Engineer)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit one(1)paper copy or
one(1)electronic copy(.pdf)of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty(120)days
from the date of the Board of County Commissioners Resolution. The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review,as appropriate. Acceptable CAD formats are.dwg, .dxf, and.dgn(Microstation);acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(cD_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 prior to the
start of construction.Contact the Planning Department for application information.(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)
RESOLUTION USR15-0003
MARTIN BARRON
PAGE 5
Motion seconded by Nick Berryman.
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 April 21, 2015.
Dated the 21st of April, 2015.
Digitally signed by Kristine Ranslem
,e2444,14/14,1, Date:2015.04.23 08:21:28-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Martin Barron
USR15-0003
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0003,for Any use permitted
as a Use by Right, Accessory Use, or a Use by Special Review in the Commercial or industrial zone
districts(storage and staging of trucks and equipment for a roustabout and excavating business along with
minor vehicle maintenance),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 commensurate with the number of per
system may accommodate in accordance with the requirements of the Weld County Code, pertaining to
On site Waste water Treatment System(O.W.T.S.) Regulations. (Department of Planning Services)
4. The hours of operation are 6:00 a.m.-6:00 p.m. Monday—Sunday, as stated by the applicant(s)except
in the event of emergencies when extended hours of operation may be required.(Department of Planning
Services)
5. The parking on the site shall be maintained. (Department of Planning Services)
6. The number of vehicles utilizing this site shall be seven (7) dump trucks, two (2) semi trucks, five (5)
pickup trucks and four(4)trailers as stated in the application materials.(Department of Planning Services)
7. 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)
8. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. 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 the approved Waste Handling Plan, at all times. (Department of Public Health and
Environment)
12. 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)
13. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
14. 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)
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
- Martin Barron
USR15-0003
1 . A Site Specific Development Plan and Use by Special Review Permit, USR15-0003, for Any use permitted
as a Use by Right, Accessory Use. or a Use by Special Review in the Commercial or industrial zone
districts (storage and staging of trucks and equipment for a roustabout and excavating business along with
minor vehicle maintenance). 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 commensurate with the number of persons which the septic
system may accommodate in accordance with the requirements of the Weld County-Code, pertaining to
On si .e Waste wa-er —reatment Sys'em (O.W.-.S.) Regu a :ions. (Deparment o: -anning Services}
4. The hours of operation are 6:00 a. m . - 6:00 p. m. Monday — Sunday, as stated by the applicant(s) except
in the event of emergencies when extended hours of operation may be required. (Department of Planning
Services)
5. The parking on the site shall be maintained. (Department of Planning Services)
6. The number of vehicles utilizing this site shall be seven (7) dump trucks. two (2) semi trucks. five (5)
pickup trucks and four (4) trailers as stated in the application materials. (Department of Planning Services)
7. 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)
8. The landscaping/screening on the site shall be maintained . (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section
30-20- 100. 5. C. R. S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100_5. C . R. S. (Department of Public Health and Environment)
11 . 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 the approved Waste Handling Plan , at all times. (Department of Public Health and
Environment)
12. 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)
13. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District. as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
14. 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 USR15-0003
MARTIN BARRON
PAGE 7
15. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
16. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As 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(Department of Public Health and Environment)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes when the
number of full time on site employees exceeds two(2). (Department of Public Health and Environment)
18. Sewage disposal shall be by septic system when the number of full time on site employees exceeds two
(2). 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)
19. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment(CDPH&E),Water Quality Control Division,as applicable.
(Department of Public Health and Environment)
20. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation,maintenance,and proper disposal shall be retained. (Department
of Public Health and Environment)
21. 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)
22. 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)
23. 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)
24. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services- Engineer)
25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services- Engineer)
26. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services- Engineer)
27. The right-of-way or easement shall be graded and drained to provide an all-weather access. (Department
of Planning Services- Engineer)
28. 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 2011
National Electrical Code.A Building Permit Application must be completed and two(2)complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
RESOLUTION USR15-0003
MARTIN BARRON
PAGE 8
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. WELD COUNTY'S RIGHT TO FARM:Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts,including noise from tractors and equipment;slow-moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S.,provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been,and continues to be,the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses,including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
RESOLUTION USR15-0003
MARTIN BARRON
PAGE 9
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic,sandburs, puncture vines,territorial farm dogs and livestock,and open
burning present real threats. Controlling children's activities is important,not only for their safety, but also
for the protection of the farmer's livelihood.
PC man
41-z►-1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 21, 2015
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 Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman, Terry Cross.
Absent: Bruce Johnson.
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Wayne Howard, and
Jennifer Petrik, Department of Planning— Engineering Division; Lauren Light, Department of Health; Brad
Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the April 7, 2015 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Benjamin Hansford. Motion passed unanimously.
CASE NUMBER: USR15-0003
APPLICANT: MARTIN BARRON
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (STORAGE AND STAGING OF TRUCKS AND
EQUIPMENT FOR A ROUSTABOUT AND EXCAVATING BUSINESS ALONG
WITH MINOR VEHICLE MAINTENANCE ALONG WITH A PROPOSED SHOP
BUILDING), 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: PART SE4 SECTION 9, T2N, R66W LOT A REC EXEMPT RE-1155 OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 22 AND APPROXIMATELY 1,600 FEET
WEST OF CR 31.
Chris Gathman, Planning Services, presented Case USR15-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Commissioner Sparrow said that the access appears to be small and asked if upgrading the access is
included in the conditions of approval. Ms. Petrik said that the applicants will need to bring the access
point up to current standards for a commercial site with a 60 foot radius.
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. Ms. Light noted that Development Standard 3 may need to
be reviewed since this site is allowed to utilize bottled water and portable toilets according to
Environmental Health Policy.
Martin Barron, 14627 CR 22, stated that he has requested a permit to park his trucks for his business on
this property. He said that they understand the access needs to be widened. He added that the tires,
batteries and scrap parts are picked up by disposal companies.
EXHIBIT
B
The Chair asked the applicant to provide the Health Department with the information he just gave of
where the waste is disposed of.
Commissioner Smock asked if the hours of operation are from 6 am to 6 pm. Mr. Barron said that they
work from 7 am to 5 pm but asked for a little extension just in case someone would arrive before 7 am or
after 5 pm. Commissioner Smock noted that the traffic narrative states the hours of operation are from 7
am to 6 pm and asked if that should be the same. Mr. Gathman asked if the shop hours are different
from the truck traffic. Mr. Barron said that they come around 7:00 am and leave around 5 pm.
Commissioner Jemiola asked if there would be an occasion where they would come to the property after
6 pm. Mr. Barron said that it is very rare but it might happen two (2)times per year. The Chair asked Mr.
Gathman to work on some language to allow that exception.
Commissioner Smock asked if the existing residence will continue to be used as a residence or will it be
an office. Mr. Barron said that it will be an office but will also be used as a residence for someone who
watches the property. Mr. Gathman asked if the office will be used by customers or clients. Mr. Barron
said that the office will not be used by the public.
Commissioner Berryman asked Mr. Gathman what suggestions he might have for landscaping. Mr.
Gathman noted that staff would request that landscaping be done on the southeast portion of the property
or where it is adjacent to residential property. Mr. Barron stated that he plans on installing a solid fence.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Delete Development Standard 3, Moved by Benjamin Hansford, Seconded by Michael Wailes.
Motion carried unanimously.
Mr. Gathman requested to change Development Standard 4 to read "The hours of operation are 6:00 am
— 6:00 pm Monday — Sunday, as stated by the applicant(s) except in the event of emergencies when
extended hours of operation may be required."
Motion: Amend Development Standard 4 as stated by staff, Moved by Bruce Sparrow, Seconded by
Benjamin Hansford. 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 USR15-0003 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Meeting adjourned at 2:48 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
457YlU.."(2ic..4a.le Date:2015.04.23 13:43:28-06'00'
Kristine Ranslem
Secretary
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