HomeMy WebLinkAbout20110824.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: 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
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 as follows:
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.
• §22-2-20.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". Rocky Plains Quality Meats is a business activity located
on the out skirts of the City of Dacono on 35.94± acres. The property is surrounded by
agricultural uses with the exception of a low density residential development to the south of
the property known as Eagle Meadows.As of March 7,2011,the Weld County Department of
Planning Services has not received any correspondence from the subdivision, which is
annexed to the City of Dacono. Likewise, the City of Dacono did not object to Rocky Plains
Quality Meats and the City citied support of the project on the Notice of Inquiry. Adequate
infrastructure is attainable, e.g. public water, electric, septic, roads, etc. The business has a
water tap from Central Weld Water Conservation District that is both sufficient in quantity as
in use.
§22-2-20 A.Policy 2.3. "Encourage development of agriculture and agriculturally related
businesses and industries in underdeveloped areas where existing resources can support a
higher level of economic activity.Agricultural businesses and industries include those related
to ranching, confined animal production, farming, greenhouse industries, landscape
production and agri-tainment or agri-tourism uses". Rocky Plains Quality Meats is related to
ranching. There are approximately 35 bison on the property which is under the maximum
allowed animal units in the Agricultural zone and there is no meat raised or processed on the
site. In addition, the property has 2 miniature horses.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District.
•
EXHIBIT
19D 2011-0824
Resolution USR-1775
Philip Haynes
Page 2
• §23-3-40.R "Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by
Special Review in the COMMERCIAL or industrial zone districts,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. PUD development proposals shall not
be permitted to use the special review permit process to develop".
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
To the north and to the west of the property is zoned Agriculture through the County. To the
south of the property is a residential subdivision known as Eagle Meadows, which is zoned
and platted as rural residential in the City of Dacono. To the east of the property is annexed
and zoned rural residential in the City of Dacono. The area is in transition with Dacono City
limits on the east and to the south.According to Dacono's comprehensive plan this area calls
for low to medium density residential. In the City of Dacono's referral they support this
request.
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 property is located in Dacono's Urban Growth Boundary(UGB).The City of Dacono was
sent a"Notice of Inquiry"dated December 30, 2010.The Notice of Inquiry was returned to the
County signed by the City Administrator in support of the business and that Dacono is not
seeking annexation. A referral was also sent to the City of Dacono's Planning Department.
• Dacono's Planning Director responded with no conflict and referenced a formal letter sent by
the City Administrator supporting the project.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8,Section
5-8-40)
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 property is 36±acres total. The business is located on approximately 3.2 acres, which
leaves approximately 34 acres in agricultural and ranching production. The property is
designated as"Prime Farm Land if it becomes Irrigated"according to the 1972 Farmland of
National Importance Map.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of health,safety,and
welfare of the inhabitants of the neighborhood and County.
The Weld County Department of Public Health and Environment has jurisdiction in this area
• and has been working with Rocky Plains Quality Meat to come into compliance with Colorado
Retail Food Establishment Rules and Regulations. The Weld County Sheriff has jurisdiction
in this area and did not respond to the Planning Department's referral. It is not know at this
time if the City of Dacono and the Weld County Sheriff have a mutual aid agreement.
Resolution USR-1775
Philip Haynes
Page 3
• 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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1775.
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. 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 public rights-of-way and adjacent properties.
These areas shall be designed and used in a manner that will prevent wind or animal
scattered trash. (Department of Planning Services)
E. County Road 11 is under the jurisdiction of the City of Dacono.
F. The 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)
G. The plat shall delineate any business signs and shall be in conformance with Appendix 23-D
• and 23-E of Chapter 23 of the Weld County Code.
2. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated March 7, 2011. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Building
Inspection)
3. A restroom in the store shall be installed and adhere to all Weld County Rules and
Regulations.(Department of Environmental Health)
4. Upon completion of 1-3 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 sixty (60) 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)
5. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006,should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
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 mapsCcilco.weld.co.us (Department of Planning Services)
Resolution USR-1775
Philip Haynes
Page 4
• 7. 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 or else released by the Director of Planning Services. (Department of Planning
Services)
Motion seconded by Jason Maxey.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
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 March 15, 2011.
Dated the le of March, 2011.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Philip Hayes, dba Rocky Plains Quality Meats
•
USR-1775
1. 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 on 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 subdivision in the "A"
Agricultural Zone District. (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 limited to three (3). (As stated in the applicant's
application). (Department of Planning Services)
4. The hours of operations shall be limited to 12:00 pm—5:00 pm Monday—Friday. Saturday from 9:00
am — 5:00 pm. Closed Sunday. (As stated in the applicant's application) (Department of Planning
Services)
5. 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. (Department of Public Health and
Environment)
6. 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. (Department of Public Health and Environment)
7. 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. (Department of
Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. 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)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. Adequate toilet, drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. (Department of Public Health and Environment)
12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
13. 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)
• 14. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments. (Department of Public Health and Environment)
Resolution USR-1775
Philip Haynes
Page 6
• 15. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
16. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
17. 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)
18. 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.
19. The historical flow patterns and runoff 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)
20. 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.
21. 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.
Resolution USR-1775
Philip Haynes
Page 7
• 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.
•
•
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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 f-�1 �+
Roy Spitzer
"y
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, Ti 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. 'BIT
The application is to correct a violation. More specifically, the owner was operating a retail food I
establishment without the necessary land use and environmental health permits. The owner sell VVVV
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 bu er
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
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,
4/412'54/1-0/earafinn
Kristine Ranslem
Secretary
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