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HomeMy WebLinkAbout20110811.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, March 15, 2011 A regular meeting of the Weld County Planning Commission was held in the Weld County Department of Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by Chair, Tom Holton, at 1:30 p.m. ROLL CALL ABSENT Tom Holton Mark Lawley Nick Berryman Erich Ehrlich "'' Robert Grand Bill Hall r 1 TI Roy Spitzer _ a Alexander Zauder Jason Maxey Also Present: Tom Parko, Department of Planning Services; Heidi Hansen, Department of Public Works; Lauren Light and Deb Adamson, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary. Robert Grand moved to approve the March 1,2010 Weld County Planning Commission minutes, seconded by Bill Hall. Motion carried. The Chair read the case into record. CASE NUMBER: USR-1775 APPLICANT: Philip Haynes PLANNER: Tom Parko REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (retail food establishment primarily engaged in the sale of specialty meats,dairy products,and animal food),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 of the SW4 and Part of the SE4 of Section 12,T1 N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 11; north of and adjacent to CR 10 Section Line. Tom Parko, Planning Services, stated that the property is approximately 35 acres and is not part of a platted county subdivision or recorded exemption. The application is to correct a violation. More specifically, the owner was operating a retail food establishment without the necessary land use and environmental health permits. The owner sells specialty meats, dairy products and other miscellaneous items such as jelly, jerky, salsa, etc. The property has existing vegetation and screening from County Road 11 and has an adequate buffer from adjacent land uses. The business operations are conducted on the property and primarily within the store, which is located south of the residence. Existing access to the site is located off of County Road 11 and is surfaced with crushed asphalt. The site is surrounded by rural residential and dryland pasture lands. To the south is Eagle Shadows Subdivision, which is a low density single-family development located in the City of Dacono. The proposed site is located within the three-mile referral area of the City of Dacono and also within their Urban Growth Boundary. Weld County and the City of Dacono have a singed Intergovernmental Agreement (IGA). One condition in the IGA stipulates that any development within the Urban Growth Boundary be donertray& '3-"tL 'u'U 2011-0811 subjected to a notice of inquiry. The notice gives the City an opportunity to engage the land owner about terms of an annexation. In this case, the owner met with Dacono officials who indicated that Dacono did not want to seek annexation and signed the notice with no objections. In a separate letter Dacono's City Administrator issued support of the business. Ten referral agencies have reviewed this case and nine offered comments, some with specific conditions. There have been no letters or electronic mail received and no telephone calls received for this land use proposal. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Lauren Light, Environmental Health, stated that potable water is provided by Central Weld County Water District. There is an existing septic system and it was evaluated by High Plains Engineering on January 24, 2011. The report indicates that the septic system is sized for the three-bedroom house, two full-time employees and 2 part-time employees. The applicants are going to add a restroom in the store for employees and customers and will therefore install a new septic tank. Ms. Light stated that the applicants are in the process of obtaining a Retail Food License. That license also requires that a restroom be located in the store for employees. A Dust Abatement Plan and Waste Handling Plan have been submitted; therefore Conditions of Approval 3 and 5 may be removed. Robert Grand moved to delete Conditions of Approval 3 and 5 as stated by staff, seconded by Mark Lawley. Motion carried. Heidi Hansen, Public Works, stated that the access to County Road 11 is under jurisdiction of the City of Dacono and their letter stated that they didn't have any additional access requirements. No structures were proposed therefore no water quality feature was required for this project. Phil Haynes, 4022 York St, stated that they operate a 40-head bison ranch and a small grocery store onsite. He said that they started selling buffalo meat and as customers requested other meat products it expanded to several other items. All items are locally grown and processed. Mr. Haynes commented that ten years ago they met another family and merged the business. He added that they have purchased a large property near Grover in which 250 head of buffalo are raised. 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 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. Robert Grand moved that Case USR-1775 be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Jason Maxey. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, absent; Erich Ehrlich, absent; Robert Grand, yes with comment; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes with comment; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. Commissioner Grand complimented Mr. Haynes and his partners for the quality of the facility. Commissioner Maxey echoed Mr. Grand's comments. The Chair asked the Planning Commission members if there was any new business to discuss. Tom Parko stated that at the last round of proposed code changes a Minor Amendment process was added to the Use by Special Review (USR) permit. He presented the Planning Commissioners with the procedural guide for a Minor Amendment process. He added that the Board of County Commissioners have heard the first reading of the proposed code changes and he wishes to present these changes at a work session prior to the second reading. Mr. Parko said that this process would be for someone who has an existing USR and would be making some minor changes such as adding a small structure or in some cases possibly changing a development standard. He added that depending on the complexity, the Director of Planning Services has the ability to approve the request or send it to the Board of County Commissioners. Robert Grand moved to approve the Procedural Guide for the Minor Amendment to the USR, seconded by Alexander Zauder. Motion carried unanimously. Meeting adjourned at 1:52 pm. Respectfully submitted, Kristine Ranslem Secretary Hello