HomeMy WebLinkAbout20142956.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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: USR14-0037
APPLICANT: RODNEY&TAMMY DE FOE
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS(DEFOE'S ROOFING COMPANY)AND FOR
ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR
PERCENT (4%) OF THE TOTAL LOT AREA PER BUILDING ON LOTS IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OFA MAP OR
PLAN FIELD PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT 3 BLOCK 62 2ND ARISTOCRAT RANCHETTES;BEING PART OF SECTION
27, T2N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO GOOD AVENUE, NORTH OF AND
ADJACENT TO BARLEY AVENUE AND EAST OF HART STREET.
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."Section 22-2-20.G.2 A.Policy
7.2 states"Conversion of agricultural land to nonurban residential,commercial and industrial
uses should be accommodated when the subject site is in an area that can support such
development, and should attempt to be compatible with the region."
The applicant is requesting to bring the property located within an agriculturally zoned
subdivision and the business located on the property since 1967 into compliance through this
Site Specific Development Plan and Special Use Permit. The Department of Public Health
and Environment in their referral dated August 8,2014 states Water is supplied by Aristocrat
Ranchettes Water (acct DEF362). Sewer is provided by an existing septic system (G-
19870053)which was sized for 4 bedrooms/8 people and the Department of Public Health
and Environment have no objections to the proposal.
The Weld County Engineering Development Review stated that this site is partially within a
State defined Municipal Separate Storm Sewer System (MS4) area which is a more
urbanized area with state mandated, higher water quality requirements. Existing and
proposed sites must provide an engineered water quality design as part of the planning
process. A stamped and signed Water Quality Capture Volume narrative and pond
calculation was provided by Alles Taylor&Duke, LLC, dated June 30,2014. The submitted
design is acceptable for the MS4 area requirements.
Referrals were sent to the Weld County Sheriff's Office, Fort Lupton Fire Protection District,
Weld County Schools, RE-8(Fort Lupton)and Aristocrat Water District who either responded
without concern or did not respond to the referral request.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.
EXHIBIT
A
RESOLUTION USR14-0037
RODNEY&TAMMY DE FOE
PAGE 2
Section 23-3-40.P allows for a Home Business the A(Agricultural)Zone District and Section
23-3-40.Q accessory buildings with gross floor area larger than four percent(4%)of the total
lot area,per building on lots in an approved or recorded subdivision plat or lots part of a map
or plan field prior to adoption of any regulations controlling subdivisions.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is located in Aristocrat Ranchettes,2"a Filing, a residential subdivision on one acre
parcels. In the immediate area, residential structures are located to the north, east and
south.The adjacent parcel to the west is currently vacant. Approximately 200 feet to the east
are two Special Use Permits USR-819 is for a Public Utility,Aristocrat Water, and USR-822
for a Livestock Confinement Operation allowing for 4.84 Animal Units in 1.0245 acres.
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. The City of
Fort Lupton in their referral comments, dated July 29, 2014 indicated that they have no
concerns.
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 1.0 acres of"Other Land"per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The small urbanized
parcels do not take any prime agricultural land 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 plat:
A. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan
shall include at a minimum, the following:
RESOLUTION USR14-0037
RODNEY&TAMMY DE FOE
PAGE 3
1. A list of wastes which are expected to be generated on site(this should include expected
volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Environmental Health)
B. 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)
C. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning
Services for review and approval. All parking areas shall be screened from adjacent properties
and public rights of way. (Department of Planning Services)
D. The applicant shall submit a Signage Plan to the Department of Planning Services,for review
and approval, if signage is desired. Signs shall be in compliance with Chapter 23,Article IV,
Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
E. The applicant shall submit an updated Parking Plan to the Department of Planning Services for
review and approval. This updated parking plan shall show the dimensions of the drives and
the parking stalls. (Department of Planning Services)
F. The plat shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR14-0037 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-260.O 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. Areas used for storage or
trash collection shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals. (Department of Planning Services)
5. The approved Screening Plan. (Department of Planning Services)
6. The approved Lighting Plan. (Department of Planning Services)
7. The approved Signage Plan. (Department of Planning Services)
8. The approved Parking Plan. (Department of Planning Services)
9. Show the Water Quality Capture Volume pond location on the USR map. (Department of
Public Works)
10. Show the standard tracking control for access onto gravel roads such as class 6 road
base or recycled base across both lanes at the access point. (Department of Public
Works)
RESOLUTION USR14-0037
RODNEY&TAMMY DE FOE
PAGE 4
11. All approved accesses shall be clearly shown on the plat.The applicant shall contact the
Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert is required,a 15 inch Corrugated Metal
Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger
culvert please contact the Weld County Department of Public Works to adequately size
the culvert.
12. Good Avenue is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall
verify and delineate on the plat the existing right-of-way and the documents creating the
right-of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
13. Show the approved access on the plat and label with the approved access permit
number AP14-00230. (Department of Public Works)
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 USR map for preliminary approval to the Weld County Department
of Planning Services. Upon approval of the map the applicant shall submit a Mylar plat 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 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
mapsco.weld.co.us. (Department of Planning Services)
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 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 Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
RESOLUTION USR14-0037
RODNEY&TAMMY DE FOE
PAGE 5
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 September 16, 2014.
Dated the le of September, 2014.
Digitally signed by Kristine
42Ajobill yqe Ranslem
Date:2014.09.23 09:35:30-06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rodney & Tammy DeFoe
DeFoe Roofing Company
USR14-0037
1. A Site Specific Development Plan and Use by Special Review Permit for a Home Business (Defoe's
Roofing Company)and for accessory buildings with gross floor area larger than four percent(4%)of the
total lot area per building on lots in an approved or recorded subdivision plat or lots part of a map or plan
field 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 property shall maintain compliance with the Home Business definition as an incidental use to the
principal permitted use for gainful employment of the family residing on the property,where such use is
conducted primarily within a dwelling unit or accessory structure and principally carried on by the family
resident therein; such use is clearly incidental and secondary to the principal permitted use and shall not
change the character thereof.
4. The hours of operation are 6:00 a.m. - 10:00 p.m. Monday—Saturday, as stated by the applicant(s).
(Department of Planning Services)
5. The parking on the site shall be maintained in accordance with the approved Parking Plan.(Department of
Planning Services)
6. The signage on the site shall be maintained in accordance with the approved Signage Plan. (Department
of Planning Services)
7. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.(Department of
Planning Services)
8. The screening on the site shall be maintained in accordance with the approved Screening Plan.
(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 septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Water Treatment Systems. (Department of Public Health and Environment)
RESOLUTION USR14-0037
RODNEY&TAMMY DE FOE
PAGE 7
15. 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-19870053 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)
16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
17. 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)
18. The screening/landscaping/parking/signage/lighting on the site shall be maintained in accordance with the
approved Screening/Landscaping/Parking/Signage/Lighting Plans. (Department of Planning Services)
19. 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 Public Works)
20. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
21. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
22. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4)Area which
may trigger specific water quality requirements or other drainage improvements if the lot develops further.
(Department of Public Works)
23. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
24. 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. (Department of Building Inspection)
25. A Commercial building and electrical permit will be required, per Section 29-3-10 of the Weld County
Code, for any new structures, additions or renovation to any structures. (Department of Building
Inspection)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. 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.
RESOLUTION USR14-0037
RODNEY&TAMMY DE FOE
PAGE 8
28. 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.
29. 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.
30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts,including noise from tractors and equipment; slow-moving farm vehicles on
rural roads; dust from animal pens,field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been,and continues to be,the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic,sandburs,puncture vines,territorial farm dogs and livestock,and open
burning present real threats. Controlling children's activities is important,not only for their safety,but also
for the protection of the farmer's livelihood.
PC M tiNUTEs
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 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 Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael
Wailes, Nick Berryman, Terry Cross.
Absent/Excused: Bruce Johnson.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Department of Planning Services; Don Carroll
and Janet Lundquist, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the September 2, 2014 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR14-0037
APPLICANT: RODNEY&TAMMY DE FOE
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (DEFOE'S ROOFING COMPANY) AND
FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN
FOUR PERCENT (4%) OF THE TOTAL LOT AREA PER BUILDING ON LOTS
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF
A MAP OR PLAN FIELD PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT 3 BLOCK 62 2ND ARISTOCRAT RANCHETTES; BEING PART OF
SECTION 27,T2N, R66W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO GOOD AVENUE, NORTH OF AND
ADJACENT TO BARLEY AVENUE AND EAST OF HART STREET.
Brad Yatabe, County Attorney, noted that the applicant is not present today. He recommends that the
Planning Commission consider continuing this case so that the applicant is present. Alternatively, he
offered an option to move forward with staff presentation and see if there is any public comment; however
that does not allow you to ask any questions of the applicant. Kim Ogle, Planning Services, stated that
staff would prefer that this case move forward since it is a violation case and staff has not received any
opposition to this case. He added that the applicant was notified of this hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one from the public responded.
Commissioner Hansford stated that he knows the applicant and has had a working relationship with them
but feels that he can be fair and impartial in this case. The Planning Commission had no issues with Mr.
Hansford remaining on the Advisory Board.
The Planning Commission discussed the continuance and felt that this case should be continued so that
the applicant can attend the hearing.
Motion: Continue Case USR14-0037 to the October 7, 2014 Planning Commission hearing, Moved by
Benjamin Hansford, Seconded by Jordan Jemiola.
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.
EXHIBIT
5
Brad Yatabe, County Attorney, stated that Case USR14-0037 was previously continued since the
applicant was not present. Since the Planning Commission took action on this matter earlier today and we
are in the same session, there needs to be a motion for reconsideration. If there is a motion for
reconsideration and it is seconded and the vote prevails then the Planning Commission will be back in the
position of reconsidering the motion to continue.
Motion: Reconsider hearing Case USR14-0037, 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.
Mr. Yatabe stated that now the motion is on the table for continuance and now you need to take a vote to
hear this case. He clarified that a yes vote would be to continue this case and a no vote would allow this
case to be heard today.
The Chair asked if there was any discussion to continue this item. Seeing there is no discussion to
continue this case, the Chair called for the vote.
Vote: Motion passed (summary: Yes= 0, No = 8,Abstain = 0).
No: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman, Terry Cross.
Benjamin Hansford left the meeting at 6:59 pm.
The Chair read the case into record:
CASE NUMBER: USR14-0037
APPLICANT: RODNEY&TAMMY DE FOE
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (DEFOE'S ROOFING COMPANY) AND
FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN
FOUR PERCENT (4%) OF THE TOTAL LOT AREA PER BUILDING ON LOTS
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF
A MAP OR PLAN FIELD PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT 3 BLOCK 62 2ND ARISTOCRAT RANCHETTES; BEING PART OF
SECTION 27, T2N, R66W OF THE 6TH P.M..WELD COUNTY, COLORADO.
LOCATION. SOUTH OF AND ADJACENT TO GOOD AVENUE, NORTH OF AND
ADJACENT TO BARLEY AVENUE AND EAST OF HART STREET.
Kim Ogle, Planning Services, presented Case USR14-0037, 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.
Don Carroll, Public Works, 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.
Rodney De Foe, 15814 Good Avenue, Ft. Lupton, stated that staff explained the site very well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak. Mr. Yatabe noted for the record that when this case was originally called up
there was no public who wished to speak at that time as well.
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.
2
Motion : Forward Case USR14-0037 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 Joyce Smock.
Vote: Motion passed (summary: Yes = 7, No = 0, Abstain = 1 ).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry
Cross.
Abstain : Benjamin Hansford.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 7:08 pm.
Respectfully submitted,
Digitally signed by Kristine
Ranslem
Date: 2014.09.23 09:14:59 -06'00'
Kristine Ranslem
Secretary
3
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