HomeMy WebLinkAbout20121228.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,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: USR12-0015
APPLICANT: DEWEY AND DOROTHY MARCY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN
PERFORMING AGRICULTURAL,ANIMAL HUSBANDRY OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING FARM EQUIPMENT
SALES, REPAIR AND INSTALLATION FACILITIES AND USES SIMILAR TO THE
USES LISTED AS USES BY SPECIAL REVIEW (MANUFACTURING OF
SPECIALIZED GOOSENECK HITCHES) AS LONG AS THE USE COMPLIES
WITH THE GENERAL INTENT OF THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-1251; PART N2SW4 SECTION 1,T5N, R65W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 60.5; 0.75 MILES WEST OF CR 49.
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. (Weld County Code Ordinance 2002-6;
Weld County Code Ordinance 2008-13) Section 22-2-20.A A.Goal 1. Respect and
• encourage the continuation of agricultural land uses and agricultural operations for purposes
which enhance the economic health and sustainability of agriculture; Section 22-2-20.B.2.
A.Policy 2.2. Allow commercial and industrial uses,which are directly related to or dependent
upon agriculture,to locate within agricultural areas when the impact to surrounding properties
is minimal or mitigated and where adequate services and infrastructure are currently
available or reasonably obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of agricultural land from production.
Section 22-2-20.G.A.Policy 7.1.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.
Section 22-6-20.A. ECON.Goal 1. Encourage the expansion of existing businesses and the
location of new industries that will provide employment opportunities in the County, and
Section 22-6-20. A. 2. ECON.Policy 1.2. Promote the expansion and diversification of the
commercial economic base to achieve a well-balanced commercial sector in order to provide
a stable tax base and a variety of job opportunities for County citizens.
The applicant is proposing to use the property for the manufacturing of Specialized
Gooseneck Hitches and for farm implement repair.
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.B.7 and Section 23-3-40.W of the Weld County Code provides
for a Site Specific Development Plan and Special Review Permit For a Agricultural Service X
Establishments primarily engaged in performing Agricultural, Animal Husbandry or
Horticultural Services on a Fee or Contract Basis, including: Farm Equipment Sales, Repair
and Installation Facilities and uses similar to the uses listed as Uses By Special Review
•
(Manufacturing of Specialized Gooseneck Hitches) as long as the use complies with the sit"
general intent of the A(Agricultural) Zone District.
2012-1228
RESOLUTION USR12-0015
DEWEY AND DOROTHY MARCY
PAGE 2
• In the referral from Zoning Compliance dated March 14, 2012, it was stated that an active
Complaint(COMP11-00228)was noted. This complaint was initiated due to the operation of
Agricultural Equipment Manufacturing operation without the necessary Weld County Zoning
Permits. This case has not yet proceeded to our County Court phase. This complaint was
from a private citizen.
This application if approved by the Board of County Commissioners and once a plat is
recorded will correct the violation. If this application is denied, all commercial manufacturing,
storage and operations shall be removed from the property. Additionally, if denied by the
Board of County Commissioners please request this violation case be referred to the County
Attorney's Office with a delay of legal action for the 30 (thirty) days mentioned above.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding properties have large tract agricultural lands to the North and West,with the
Cache La Poudre River and Ogilvy Ditch adjacent to the South and the CDOT facility to the
North. There are seven (7) property owners on five (5) parcels within 500 feet of this
proposed facility. There have been no letters or electronic mail received and no telephone
calls received for this land use proposal. Should there be any outside storage of materials a
Screening Plan will be required. Development Standards and Conditions of Approval will
ensure that this use will be compatible with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
• municipalities. The site is located within three miles of the City of Greeley, and the Town of
Kersey. The City of Greeley returned a referral dated April 5, 2012 indicating no conflict from
planning and had several recommendations for the civil engineering component. The Town
of Kersey returned a referral dated March 27, 2012 indicating no conflict with their interests.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is within a recognized overlay district, including the Special Flood Hazard
Area Overlay District. Portions of the property south of the Ogilvy Ditch are located in the
100-year flood plain of the Cache la Poudre River. Currently, there is no development shown
south of the ditch. As long as the development stays out of the flood plain, a Flood Hazard
Development Permit(FHDP)is not required. If development is proposed in the flood plain,an
FHDP will be required.
The site is not within the Geologic Hazard Overlay District; however the site is within the
County-wide Road Impact Fee and the County Facility Fee and Drainage Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land for the proposed use. The U.S.D.A. Soils Maps of Prime Farmlands of
Weld County dated 1979 designated the soils on this property"Other". The site is a terrace
bordered by County Road 60.5 to the North and the Ogilvy ditch to the south, before drooping
• down to the Cache La Poudre River floodplain. The site is bisected by the Ogilvy ditch
rendering half of the site inaccessible and within the riparian corridor of the River. Given this
condition, the accessible and lands of the upland terrace currently has little agricultural
production, therefore, the applicant is utilizing the property for the highest and best use.
RESOLUTION USR12-0015
DEWEY AND DOROTHY MARCY
PAGE 3
• G. Section 23-2-220.A.7 -- 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 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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0015. (Department of Planning
Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) County Road 60.5 is designated on the Weld County Road Classification Plan as a
Collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.An additional ten(10)feet shall be delineated on the
plat as future County Road 60.5 right-of-way. All setbacks shall be measured from
the edge of future right-of-way. The applicant shall verify the existing right-of-way
• and the documents creating the right-of-way. If the right-of-way cannot be verified, it
shall be dedicated.This road is maintained by Weld County. (Department of Public
Works)
5) The City of Greeley 2035 Comprehensive Transportation Plan states that Hwy 263
[County Road 60.5]is designated as a 2 lane minor arterial roadway which requires
120 feet of right-of-way at full build out. There is presently 75 feet of right-of-way.An
additional 22.5 feet shall be delineated on the plat as future Hwy 263[County Road
60.5] right-of-way. All setbacks shall be measured from the edge of future right-of-
way. (City of Greeley)
6) Please delineate the on-site drainage facilities on the plat and labeled as a "Water
Quality, No Build or Storage Area". (Department of Public Works)
7) Please show the approved access points on the Plat and label them with the Access
Permit number(will be provided).
8) All parking for this site must be off street and internal and delineated on the plot plan
map. Each parking space shall be equipped with wheel guards or curb blocks to
prevent vehicles from coming into contact with walls or other structures. (Department
of Public Works)
9) The plat should reflect a vehicle tracking control pad.This should consist of 100 feet
of asphalt with double cattle guards. Please find attached our typical (preferred)
option. This should be shown on the plat drawing. (Department of Public Works)
10) The plat should reflect off-street parking spaces including the access drive shall be
• surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to
prevent drainage problems. (Department of Public Works)
RESOLUTION USR12-0015
DEWEY AND DOROTHY MARCY
PAGE 4
• 11) The approved Screening Plan,to address the parking of vehicles and equipment,the
outdoor storage of materials associated with this facility shall be screened from
adjacent properties, including the public rights-of-way. (Department of Planning
Services)
12) The application materials did not include a Lighting Plan. Should exterior lighting be
a part of this facility, all light standards shall be delineated on the USR Plat.
(Department of Planning Services)
13) The application materials did not include a sign associated with this facility, should a
sign be a part of this facility, the sign shall be delineated on the USR plat and meet
the Weld County Code, (Department of Planning Services)
14) The applicant shall delineate the location of the screened trash dumpster.
(Department of Planning Services)
•
B. The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and approval. At a minimum, information shall be provided concerning lamp type and
construction/installation of said device. (Department of Planning Services)
C. The applicant shall submit a Sign Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
D. The applicant shall submit evidence of acknowledgement with the City of Greeley referral
dated April 5, 2012. Written evidence of such shall be submitted to the Department of
Planning Services. (Department of Planning Services)
• E. The applicant shall submit evidence of acknowledgement with the State of Colorado Division
of Water Resources referral dated March 30, 2012. Written evidence of such shall be
submitted to the Department of Planning Services. (Department of Planning Services)
F. The applicant must address the requirements (concerns) of Weld County Department of
Environmental Health, specifically address:
1. 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:
A) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
B) A list of the type and volume of chemicals expected to be stored on site.
C) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). (Department of Public
Health and Environment)
2. As the applicant intends to utilize the existing septic system, for employees and
customers, 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 systems 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. (Public Health and Environment)
RESOLUTION USR12-0015
DEWEY AND DOROTHY MARCY
PAGE 5
• 3. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit application from the Air Pollution Control Division, Colorado
Department of Health and Environment to the Environmental Health Services,Weld
County Department of Public Health & Environment for any use that will cause air
emissions. Alternately, the applicant can provide written evidence that they are not
subject to these requirements. (Public Health and Environment)
4. The applicant shall submit a dust abatement plan, detailing on site dust control
measures, for review and approval, to the Environmental Health Services, Weld
County Department of Public Health & Environment. (Public Health and
Environment)
2. Prior to the Release of Building Permits:
A. A building permit will be required for the structure and any new construction, alternation or
addition to any buildings or structures on the property. It is recommended that a code
analysis be done on the project by a design professional with experience in this area.
(Department of Building Inspection)
B. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing a set stamp of a Colorado registered architect of
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
C. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
• D. Buildings and structures shall conform to the requirements of the codes adopted by Weld
County at the time of permit application. Current adopted codes include the 2006
International Residential Code; 2006 International Building Code; 2006 International
Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code;
2006 International Energy Conservation Code;2011 National Electrical Code and Chapter 29
of the Weld County Code. (Department of Building Inspection)
E. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
F. Provide letter of notification from the Fire Protection District having jurisdiction prior to any
new construction. (Department of Building Inspection)
3. Upon completion of 1. above 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 Department of Planning Services' Staff. The plat shall be 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)
•
RESOLUTION USR12-0015
DEWEY AND DOROTHY MARCY
PAGE 6
• 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Recorded Exemption/Subdivision Exemption/Use by Special Review/. Acceptable CAD formats are
.dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is.e00. The preferred format for Images is.tif(Group
4). (Group 6 is not acceptable). This digital file may be sent to dhuerterco.weld.co.us(Department
of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, 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 be added for each additional
3 month period. (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
• Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 Commissioners 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 May 1, 2012.
Dated the 1st of May, 2012.
( knn
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Dewey and Dorothy Jane Marcy
•
USR12-0015
1. The Site Specific Development Plan and Special Review Permit For a Agricultural Service
Establishments primarily engaged in performing Agricultural, Animal Husbandry or Horticultural
Services on a Fee or Contract Basis, including: Farm Equipment Sales, Repair and Installation
Facilities and uses similar to the uses listed as Uses By Special Review(Manufacturing of Specialized
Gooseneck Hitches)as long as the use complies with the general intent of the A(Agricultural)Zone
District, as indicated in the application materials on file and 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Public Health
and Environment)
• 6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Public Health and Environment)
7. 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. (Public Health and Environment)
8. 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. (Public Health and
Environment)
9. 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. (Public Health and Environment)
10. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Public Health and Environment)
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Public Health and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Public
Health and Environment)
13. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
• volatile organic compounds (VOC's). (Public Health and Environment)
RESOLUTION USR12-0015
DEWEY AND DOROTHY MARCY
PAGE 8
• 14. In the event the facility's water system serves more than 25 persons on a daily basis the water system
shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1). (Public Health
and Environment)
15. The applicant shall obtain an Underground Injection Control(UIC)Class V Injection Well permit from
the Environmental Protection Agency(EPA)for any large-capacity septic system(a septic system with
the capacity to serve 20 or more persons per day). (Public Health and Environment)
16. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources, the quantity of water available for usage may be limited to specific uses, i.e.domestic use
only, etc.Also, the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time. (Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Public Health and Environment)
18. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
19. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
20. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel#096101000002 may not be able to obtain
building permits to construct non-agricultural structures. All construction or improvements occurring
in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel
Map #0802660645C dated March 18, 1980, shall comply with the Flood Hazard Overlay District
requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65.
21. Flood hazard development permits will be required for development activities located within the FEMA
mapped Cache La Poudre River Floodplain. The FEMA definition of development is any man-made
change to improved or unimproved real estate,including by not limited to buildings or other structures,
mining, dredging, filling,grading, paving, excavation,drilling operations, or storage of equipment and
materials.
22. The installation of any septic system within the 100-year floodplain shall comply with the Weld County
I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic
system shall be installed within the floodway.
23. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified.
24. A building permit will be required for the structure and any new construction, alternation or addition to
• any buildings or structures on the property. It is recommended that a code analysis be done on the
project by a design professional with experience in this area. (Department of Building Inspection)
RESOLUTION USR12-0015
DEWEY AND DOROTHY MARCY
PAGE 9
• 25. A building permit application must be completed and two complete sets of plans including engineered
foundation plans bearing a set stamp of a Colorado registered architect of engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
26. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
27. Buildings and structures shall conform to the requirements of the codes adopted by Weld County at
the time of permit application. Current adopted codes include the 2006 International Residential Code;
2006 International Building Code;2006 International Mechanical Code;2006 International Plumbing
Code; 2006 International Fuel Gas Code; 2006 International Energy Conservation Code; 2011
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
28. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
29. All building plans shall be submitted to the Greeley [Western Hills] Fire Department for review and
approval prior to issue of building permits. (Greeley Fire Department)
30. Hours of operation will be 8:00 AM to 5:00 PM, Monday through Friday. (Department of Planning
• Services)
31. The number of employees is limited to seven (7). (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
34. 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. (Department of
Planning Services)
35. Effective April 25,2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
36. Effective April 25, 2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
37. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
38. Signs shall adhere to Article IV, Division 2 of the Weld County Code. These requirements shall apply
to all temporary and permanent signs. (Department of Planning Services)
•
RESOLUTION USR12-0015
DEWEY AND DOROTHY MARCY
PAGE 10
• 39. The 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.
40. 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.
•
•
.S / -dL1/-2_
D` Motion: Continue Cases USR-1752 and USR12-0005 to the May 15, 2012 Planning Commission
• hearing, Moved by Bill Hall, Seconded by Mark Lawley.
Motion passed unanimously.
I* CASE NUMBER: USR12-0010
APPLICANT: CATHY AND ALAN WHITTERN
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 PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICT(DENTAL OFFICE) IN THE A(AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-284;PART NW4 SECTION 30,T3N,R68W OF THE 6T"
P.M.,WELD COUNTY,COLORADO.
LOCATION: 500 FEET SOUTH OF STATE HIGHWAY 66; EAST OF AND ADJACENT TO
ELMORE ROAD.
Kim Ogle, Planning Services, presented Case USR12-0010, 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. In addition, Environmental Health and
Public Works presented their reports and stated that they have no concerns with this request.
(Robert Grand entered the meeting at 1:38 pm.)
II' Cathy Whittern, 13876 Elmore Road, stated that she would like to operate a dental office from her
residence.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
•
The Chair asked the applicant if she has read through the Development Standards and Conditions of Approval
and if they are in agreement with those. The applicant replied that she is in agreement.
Motion: Forward Case USR12-0010 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 Mark Lawley, Seconded by Jason Maxey.
Vote: Motion passed (summary:Yes = 8, No=0,Abstain = 1).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Nick
Berryman, Thomas Holton.
Abstain: Robert Grand.
CASE NUMBER: USR12-0015
APPLICANT: DEWEY AND DOROTHY MARCY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN
PERFORMING AGRICULTURAL,ANIMAL HUSBANDRY OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING FARM EQUIPMENT
SALES, REPAIR AND INSTALLATION FACILITIES AND USES SIMILAR TO THE
USES LISTED AS USES BY SPECIAL REVIEW (MANUFACTURING OF
SPECIALIZED GOOSENECK HITCHES) AS LONG AS THE USE COMPLIES
WITH THE GENERAL INTENT OF THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-1251; PART N2SW4 SECTION 1,T5N, R65W OF THE
6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 60.5; 0.75 MILES WEST OF CR 49.
II* Kim Ogle, Planning Services, presented Case USR12-0015, 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. In addition, Environmental Health and
EXHIBIT 2
I
us sz- S
Public Works presented their reports and stated that they have no concerns with this request.
• i' Dewey Marcy,24576 CR 64, Greeley,CO stated that he manufactures hitches and repairs some farm
equipment in the existing shop.
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: Amend Development Standard 30 to read "Hours of operation will be 8:00 AM to 5:00 PM,
Monday through Friday", Moved by Jason Maxey, Seconded by Benjamin Hansford.
Motion passed unanimously.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case USR12-0015 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 Robert Grand, Seconded by Bill Hall.
Vote: Motion carried by unanimous roll call vote(summary: Yes = 9).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Nick
Berryman, Robert Grand, Thomas Holton.
CASE NUMBER: USR12-0011
APPLICANT: PUBLIC SERVICE COMPANY OF COLORADO
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FORA
NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY(GREATER THAN 10 INCH
NATURAL GAS PIPELINE)AND ASSOCIATED INFRASTRUCTURE INCLUDING A
• RADIO TOWER BELOW 35 FEET IN HEIGHT IN THE A(AGRICULTURAL)ZONE
DISTRICT.
LEGAL DESCRIPTION: THE PREFERRED ROUTE CROSSES SECTION 34 T2N, R66W;SECTIONS 3,
10, 15, 22, 27, 34, AND 35, T1 N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO
LOCATION: COMMENCING ON LAND OWNED BY THE COLORADO INTERSTATE GAS
COMPANY, THE PIPELINE CORRIDOR TRAVELS SOUTHERLY
APPROXIMATELY 5.5 MILES ALONG CR 33 TO CR 2(BASELINE ROAD)THEN
HEADS EAST FOR 1.5 MILES AND THEN SOUTH ENTERING ADAMS COUNTY.
I.' Kim Ogle, Planning Services, presented Case USR12-0011, reading the recommendation and
comments into the record. In addition, he provided handouts of memorandums of recent referral
recommendations to be considered in the staff report.
Mr. Ogle recommended removing Conditions of Approval 1.D and 1.E as staff has received the required
License Agreement from Western Area Power Administration(WAPA). The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development Standards.
Bruce Barker,County Attorney,noted that there was a referral received from the City of Ft.Lupton and asked
that Tom Holton state his relationship to this case. Mr. Holton stated that he is the Mayor of Ft. Lupton but
believes this case, as presented by staff,should not interfere with his judgment. The Planning Commission
did not have any concerns.
Don Carroll, Public Works and Lauren Light, Environmental Health presented their reports including the
recommendations for conditions of approval and development standards included in the staff report.
Todd Anderson, stated that he represents Xcel Energy, 2655 N 63r°, St, Boulder, Colorado. Mr.
Anderson stated that Xcel Energy is attempting to get all of their power plants to run on natural gas. The
• Cherokee natural gas pipeline is a 24-inch pipeline that runs 34 miles from Ft. Lupton to Adams County;
however 5.5 miles of the pipeline is located in Weld County.
3
Hello