HomeMy WebLinkAbout20113008.tiff RESOLUTION
RE: APPROVE REQUEST CONCERNING REVIEW OF CONDITION OF APPROVAL #2.A
AND DEVELOPMENT STANDARD#8 FOR USE BY SPECIAL REVIEW PERMIT#1163-
TODD AND RHONDA AMEN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on October 1, 1997, the Board of County Commissioners approved the
application of Todd and Rhonda Amen,4620 Scottsbluff Court, Greeley, Colorado 80634,for a Site
Specific Development Plan and Use by Special Review Permit#1163 for an Industrial Use(storage
and parking of oil field equipment) in the A (Agricultural) Zone District, for property which is
described as follows:
NE1/4, NE1/4 of Section 35, Township 5 North,
Range 66 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, the request to the Board of County Commissioners for review of Condition of
Approval#2.A and Development Standard#8 for USR#1163, was submitted by Sheri Lockman of
Lockman Land Consulting, LLC, 36509 County Road 41, Eaton, Colorado 80615, on behalf of Todd
and Rhonda Amen,who are considering selling the property to Dave Burough to be used as a roust-
a-bout business and would like the requirements for permanent restroom facilities and public water
waived to allow for the use of portable toilets and bottled water, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements of
those present, studied the request of the applicant and the recommendations of the Weld County
Department of Planning Services and, having been fully informed, finds that this request shall be
approved and the language be modified as follows:
Condition of Approval #2.A shall read:
"The applicant shall assure that adequate drinking, hand washing, and toilet facilities
(bottled water and portable toilets are acceptable based on the number of temporary
on-site employees per application documentation)shall be provided for employees of
the facility, at all times, with the exception that permanent water and septic facilities
would be required for employees that will remain on the site on a full-time basis."
Development Standard #8 shall read:
"Adequate drinking, hand washing, and toilet facilities (bottled water and portable
toilets are acceptable based on the number of temporary on-site employees per
application documentation) shall be provided for employees of the facility, at all
times,with the exception that permanent water and septic facilities would be required
for employees that will remain on the site on a full-time basis."
QAi I- Nt-, Lac4,mo,n,
i 2011-3008
PL1228
RECONSIDER CONDITION OF APPROVAL #2.A AND DEVELOPMENT STANDARD #8 FOR
USR#1163 - TODD AND RHONDA AMEN
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the request of Todd and Rhonda Amen to modify Condition of Approval#2.A
and Development Standard#8,for Use by Special Review#1163, be, and hereby is, approved with
the language as stated above.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of November, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COI1ORADO
S 2e, r
arbara Kirkmfrkm ,ey Chair
Weld County Clerk to the Board
E pa� can P. Conway, Pro-Tem
BY: �
Deputy CI k to the Boar is , P cr.
/F. Garcia
ABPROd �
ED O FORM: /j `'
/ a>"/ : ( ' ,:y \N
David E. Long
iC y �ck le,.un Attorney `,
i Dougl ds Radem her
Date of signature: /d - _I - / l
2011-3008
PL1228
44114' MEMORANDUM
I IINN C
TO: Board of County Commissioners
COLORADO DATE: November 14, 2011
FROM: Chris Gathman -
SUBJECT: Request for portable toilets for the USR-1163 (Amen) Site
Request: Mr. Amen is requesting to utilize portable toilets and bottled water associated with
the USR approved on the site (storage and parking of oil field equipment) vs.
utilizing permanent toilet facilities. Mr. Amen is proposing to sell the property to
Mr. Burough who proposes to run a roust-about business from the site.
Background: USR-1163 (storage and parking of oil field equipment) was approved by the
Board of County Commissioners on October 1st, 1997. The plat was recorded on
January 7, 1998.
Condition of approval 2.A—stated: "The applicant shall provide a restroom in the
proposed building (50 x 100 feet). The restroom shall be serviced by a permitted
septic system. This system shall be designed by a registered Professional
Engineer and approved by the Weld County Health Department."
• Note: A 5,200 square foot pole frame storage shed with no utilities was
constructed in 2004 for storage of a mobile home, 5th wheel trailer and
personal items. This building burned down and was replaced with a 5,200
square foot wood shop building on slab with electric and heat for equipment,
vehicle and tool storage.
Development Standard # 8 states: "The facility shall utilize the existing public
water supply."
Development Standard #10 states: "The number of employees on the site shall
be limited to 15."
Staff Recommendation:
Staff recommends that this request be denied for the following reasons:
• The business is a year-round business and is not consistent with the Health
Department policy of allowing portable toilets for temporary and seasonal
uses.
• The scale of the business approved under USR-1163 (allowing up to 15
outside employees) warrants the installation of permanent toilet facilities.
2011-3008
tockman Land Consulting, (IC
36509 WCR 41
Eaton, CO 80615
970-381-0526
Weld County Department of Planning Services
- r Y c/o Chris Gathman
1555 N 17th Avenue
Greeley, CO 80631
Mr. Gathman,
Mr. Todd Amen would like a substantial change determination on his property located in the
NE4 NE4 Section 35, Township 5 North, Range 64 West of the 6th P.M.,Weld County Colorado.
The parcel number for the property is 0959 35 000025.
Mr. Amen would like to sell the property to Dave Burough. As we discussed in the pre-application
meeting, Mr. Burough will run a roust-about business from the site. The existing Use By Special
Review requires a bathroom in the large building for employees. Mr. Burough's employees are
only on the site for a few minutes when they pick up equipment in the morning and later when they
return for their vehicles.
Mr. Amen and Mr. Burough would like to use a port-a-let and bottled water in lieu of the restroom.
-- _ Thank you for your consideration,
Sheri Lockman
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Esther Gesick
From: Chris Gathman
Sent: Monday, November 21, 2011 10:47 AM
To: Esther Gesick
Subject: FW: Language for Condition 2.A. and DS 8
Esther,
See below- I don't believe you were on the list for the latest changes re: amending conditions/Development Standards
for USR-1163 (Amen).
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO.80631
Ph:(970)353-6100 ext.3537
Fax:(970)304-6498
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e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Bruce Barker
Sent: Monday, November 21, 2011 10:15 AM
To: Commissioners; Chris Gathman; Trevor Jiricek; Kim Ogle
Subject: FW: Language for Condition 2.A. and DS 8
Mr. Gathman raises a good point:
2.A. The Applicant shall assure that adequate drinking, hand washing, and toilet facilities(bottled water and portable
toilets are acceptable based on the number of temporary on-site employees per application documentation) shall be
provided for employees of the facility, at all times,with the exception that permanent water and septic facilities would
be required for employees that will remain on the site on a full-time basis.
DS 8: Adequate drinking, hand washing, and toilet facilities(bottled water and portable toilets are acceptable based on
the number of temporary on-site employees per application documentation) shall be provided for employees of the
facility, at all times, with the exception that permanent water and septic facilities would be required for employees that
will remain on the site on a full-time basis.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
LLEML:i
1150"O" Street
1
Greeley, CO 80632
(970) 356-4000, ext.4390
Fax: (970) 352-0242
1641 1011
J
W E[‘1]�CE UN�r
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the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Chris Gathman
Sent: Monday, November 21, 2011 10:06 AM
To: Bruce Barker
Subject: RE: Language for Condition 2.A. and DS 8
Bruce,
My only question is do we need to add clarification that permanent water and septic facilities would be required for
employees that will remain on the site on a full-time basis(such as if they add office employees...)?
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue,Greeley CO.80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
l� loll
W E0dJCOUN1v
Oa_
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the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Bruce Barker
Sent: Monday, November 21, 2011 10:02 AM
To: Chris Gathman; Trevor Jiricek; Kim Ogle; Esther Gesick
Subject: FW: Language for Condition 2.A. and DS 8
Bruce T. Barker, Esq.
Weld County Attorney
2
P.O. Box 758
1150"O" Street
Greeley, CO 80632
(970) 356-4000, ext.4390
Fax: (970) 352-0242
Ii{ r 2011
W EIS UN'r
u
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Bruce Barker
Sent: Monday, November 21, 2011 10:01 AM
To: Commissioners
Subject: FW: Language for Condition 2.A. and DS 8
The below language would work for DS 8. For Condition 2.A., best to do the following:
2.A. The Applicant shall assure that adequate drinking, hand washing, and toilet facilities(bottled water and portable
toilets are acceptable based on the number of temporary on-site employees per application documentation) shall be
provided for employees of the facility, at all times.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000,ext.4390
Fax: (970) 352-0242
lii l 2011
W QL N'Y
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Esther Gesick
Sent: Monday, November 21, 2011 9:36 AM
To: Bruce Barker
Subject:
3
10. Adequate drinking, hand washing, and toilet facilities (bottled water and portable toilets are acceptable
based on the number of temporary on-site employees per application documentation) shall be provided
for employees of the facility, at all times.
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 O Street P.O. Box 758(Greeley, CO 80632
tel: (970)336-7215 X4226
fit . loll
WELD-COUNTY
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
4
Chris Gathman
From: Lauren Light
Sent: Friday, October 28, 2011 10:28 AM
To: Chris Gathman
Subject: RE: Substantial Change Determination
. K. Use of Portable Toilets
Purpose: To define when Portable Toilets may be used in lieu of a vault or septic system.
Policy: Portable toilets may be utilized on sites for temporary and seasonal use for up to six months as part of
the Temporary Seasonal Permits issued by Weld County Planning for situations such as fireworks stands,
Christmas tree stands, seasonal recreational facilities,etc.
The policy above is from our septic policy manual. This is where the 6 months or less comes from. Is this all you need?
Lauren Light, M.B.S.
Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley. CO 80631
Ilightco.weld.co.us
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Chris Gathman
Sent: Thursday, October 27, 2O11 8:34 AM
To: Lauren Light
Subject: FW: Substantial Change Determination
Lauren,
I spoke to Esther and this is tentatively scheduled for the Wednesday BOCC meeting at 9 AM. I have attached the USR-
1163 plat and the USR-1163 resolution.
It looks like at a minimum—development standard #8 would need to be reconsidered (water)—I see no development
standards addressing septics. There is also condition of approval 2.A(install a restroom/septic in the new building).
1
I am going to be drafting a memo to the Board of County Commissioners in response to this request. Since this is dealing
with Health Department policy—let me know what your recommendation is so I can include this in my memo.
I need to get this to Esther by no later than 10:30 AM on Monday 10/31.
Thanks!
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue,Greeley CO.80631
Ph:(970)353-6100 ext. 3537
Fax: (970)304-6498
• Ke. F1 .
f D..: Ctl,J N Y
U
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Sheri Lockman jmailto:sherilockman@what-wire.coml
Sent: Monday, October 17, 2011 8:28 AM
To: Chris Gathman
Subject: Substantial Change Determination
Good morning Chris,
I have attached a request for substantial change determination for Mr. Amen. He wants to use a port-a-let. Let me know
what staff thinks.
Sheri
2
Cap View Detail Portlet Page 1 of 1
Record ID: BCN-040558
A notice was added to this record on 2007.04-27.
Condition:HIST Severity:Notice
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Case No. * CAP Type Status
IBCN-040558 (Building/Utility/Other/New IFinaled
Detailed Description
5200 SF POLE FRAME STORAGE SHED ON DIRT WITH NO
UTILITIES FOR MOTOR HOME, 5TH WHEEL TRAILER,
PICKUP, ANTIQUE TRACTOR AND PERSONAL ITEMS
(1K PFR KIM (lf;l F - I ICR-1 161
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Assigned to Department Current DepartmentAssigned to Staff Current User
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Completed by Department Current Department Completed by Staff Current User
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Opened Date
12/16/2004
https://accelaweb.co.weld.co.us/portlets/cap/capDetail.do?mode=view&isFromCapL ist=t... 11/14/201 1
RESOLUTION
e !VIEW OF CONDITION OF APPROVAL#2.A
!I - c 4 v 2 USE BY SPECIAL REVIEW PERMIT#1163-
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,Ifc N { z _ ;loners of Weld County, Colorado, pursuant to
Sol o °� o = o - yule Charter, is vested with the authority of
I®` U 0 ail 1, and
N ❑ a`[I n.
yso� No wni m lard of County Commissioners approved the
i1"n o W21 r = sbluff Court,Greeley, Colorado 80634,fora Site
c ; 1 ,iew Permit#1163 for an Industrial Use(storage
Iwy1 ''., a F
0 ricultural) Zone District, for property which is
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uu 35, Township 5 North,
in-. o ' ith P.M., Weld County,
SSV131SNIA - fr n = Y
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H' o
Z runty Commissioners for review of Condition of
H u — ISR#1163, was submitted by Sheri Lockman of
a F . Z a ad 41, Eaton, Colorado 80615, on behalf of Todd
a LL property to Dave Burough to be used as a roust-
)......? J r permanent restroom facilities and public water
=• moo a )ottled water, and re Az0 et
Z p o I oners heard all the testimony and statements of
o W and the recommendations of the Weld County
eN N
UJ m
O n fully informed, finds that this request shall be
I— `Cr 0 t is
Z
G
I— quate drinking, hand washing, and toilet facilities
o x e acceptable based on the number of temporary
cc >cumentation)shall be provided for employees of
m ' :ption that permanent water and septic facilities
w m at will remain on the site on a full-time basis."
I co w O
O w
F x
¢ m w and toilet facilities (bottled water and portable
p cc e number of temporary on-site employees per
U n: O e provided for employees of the facility, at all
> anent water and septic facilities would be required
- z ie site on a full-time basis."
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w N L., h c ,mun IA ry u�
2011-3008
I a-cg- I I PL1228
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