HomeMy WebLinkAbout20101260.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-1722
APPLICANT: Daniel Ochsner
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone district(long term storage units) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Part W2SW4 of Section 2, T3N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to the East I-25 Frontage Rd and north of and adjacent to
CR 36.
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.
22-2-20.G A.Policy 7.2. states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be compatible with the region."
22-2-100 E.C.Goal 5. States: "Minimize the incompatibilities that occur between commercial
uses and surrounding properties."
Conditions of approval and development standards such as requiring a Landscaping and
Screening Plan and a Lighting Plan will help to ensure compliance with the policies of the
Weld County Comprehensive Plan.
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.R of the Weld County Code provides for a Site Specific
Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(long-term storage units) along with (1) Mobile Home when Used as living quarters for
caretakers or security personnel responsible for maintaining or guarding the property (a
modular/mobile home to be used as an office and as a residence for employees), in the A
(Agricultural) Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is located approximately 200-feet to the south of an existing single-family residence
• to the north and approximately 300-feet north of a single-family residence along with outdoor
2010-1260 I
• Resolution USR-1722
Daniel Ochsner
Page 2
storage to the south. The Department of Planning Services has received one letter from a
surrounding property owner located immediately to the north of this site. Concerns expressed
regarding whether this use is compatible with the adjacent properties, how will the units be
secured/controlled (types of uses allowed...), is there adequate demand for this use. The
Development Standards and Conditions of Approval will ensure compatibility with adjacent
properties and the character of the area. A Landscape and Screening plan along with a
Lighting Plan are required to address the visual impacts of this use and to ensure
compatibility with the existing, surrounding land uses. The Landscape and Screening Plan
should at a minimum address screening/buffering of the site from the property to the north
and from the adjacent Interstate 25 Frontage Road.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the 3-mile referral areas of the Towns of Berthoud
and Mead. This site is also located adjacent to the municipal limits of the Town of Mead to
the south and to the east. The Town of Berthoud indicated no conflicts with their interests in
their referral response received October 27, 2009. The Town of Mead, in their referral dated
October 21, 2009, indicated that the property is located in the Town of Mead's Planning Area
and has future land use designation of Planned Industrial Mixed Use. Mead also indicated the
property is located in the Mead Highway Design Overlay District. Development standards
• outlined in this district include a minimum building setback of 50-feet from the Frontage
Road. Additional standards that would apply would be 1-25 frontage road landscaping
requirements and architectural and building articulation standards. The Town of Mead
requested additional information on the site plan to evaluate the plan for conformance/non-
conformance with the Town of Mead's development standards. The Town of Mead
recommends that USR-1722 be denied and to refer the application to the Town of Mead for
annexation.
Developments within the boundaries of urban growth boundaries are subject to the following
criteria outlined in Section 22-2-40.E of the Weld County Code:
1. UD.Policy 5.1.The County should consider approving an urban development proposal if all
of the following criteria are met:
• The adjacent municipality does not consent to annex the land or property in a timely
manner, or annexation is not legally possible.
•The proposed development, including public facility and service provision, is consistent with
other urban-type uses and conforms to County regulations.
•The proposed urban development attempts to be compatible with the adjacent municipality's
comprehensive plan (though it may not necessarily conform to it).
A portion of the site is located within the urban growth boundary of the Town of Mead.
However, less than 50% of the site is located within the Town of Mead urban growth
boundary and therefore is not subject to the provisions of Section 22-2-40.E of the Weld
County Code.
A Landscape and Screening plan along with a Lighting Plan are required to address the
• visual impacts of this use and to ensure compatibility with the existing, surrounding land uses.
• Resolution USR-1722
Daniel Ochsner
Page 3
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The site does not lie within any Overlay Districts.
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 and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of
Planning Services)
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 subject site is
designated"Prime(Irrigated)"by the 1979 USDA Soil Conservation Services map.The parcel
consists of only 13 acres.
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 USR-1722. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The approved Landscape/Screening Plan. The applicant shall delineate a plant list
to coincide with the Landscape Plan. The list shall include how the plants will be
maintained and irrigated. All landscaping except for the native grasses shall be
removed from County Road right-of-way and future right-of-way. (Department of
Planning Services)
4) County Road 36 is a local gravel road and requires 60-feet of right-of-way at full build
out. There is presently 60-feet of right-of-way. Pursuant to the definition of setback in
the Weld County Code (23-1-90), the required setback is measured from the future
right-of-way line. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and shall indicate this information on the plat. If
the right-of-way cannot be verified, it shall be dedicated. (Department of Public
Works)
5) The access from the 1-25 frontage road must be paved on to the site for 100 feet.
• Please identify the surface for the rest of the site (pavement, recycled asphalt,
. Resolution USR-1722
Daniel Ochsner
Page 4
gravel, etc.). The applicant shall verify the existing right-of-way and the documents
creating the right-of-way and shall indicate this information on the plat. (Department
of Public Works)
6) This facility shall adhere to the number of on-site parking spaces indicated in
Appendix 23-B of the Weld County Code.
7) Each customer parking space shall be equipped with wheel guards or curb blocks
when necessary to prevent vehicles from extending beyond the boundary of the
space and from coming into contact with other vehicles, walls, fences or plantings.
(Department of Public Works)
8) The applicant shall address and adhere to the American with Disabilities Act and
ADA standards for this facility. Non-ambulatory/ambulatory parking spaces shall be
identified and shown on the plat for the office. This site will be required to meet all
requirements of the Americans with Disabilities Act. At least one space must be van
accessible. (Department of Planning Services)
9) The approved Lighting Plan. Section 23-3-360.F of the Weld County Code,
addressing the issue of on-site lighting, including security lighting if applicable, states
"any lighting ... shall be designed, located and operated in such a manner as to meet
the following standards: sources of light shall be shielded so that beams or rays of
light will not shine directly onto adjacent properties...." (Department of Planning
•
Services)
10) The approved sign dimensions shall be indicated on the plat. (Department of
Planning Services)
11) 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)
12) All structures shall be meet the setback and offset requirements of Section 23-3-
50.B and 23-3-50.C of the Weld County Code. (Department of Planning Services)
B. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required improvements
(screening, landscaping, access, drainage, waterline improvements for fire flow/irrigation).
The agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat. The improvements
agreement will not be needed if the necessary improvements are done to the satisfaction of
the Department of Public Works and the Department of Planning Services. (Department of
Planning Services)
C. The applicant shall submit a landscape and screening plan for review and approval by the
Department of Planning Services. The plan shall address screening from all sides of the
property. The plan shall also address how the plants will be irrigated. (Department of
Planning Services)
• Resolution USR-1722
Daniel Ochsner
Page 5
D. The applicant shall address the preliminary drainage report requirements of the Department
of Public Works as stated in their referral dated March 8, 2010. Evidence of Public Works
approval shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works)
E. The applicant shall attempt to address the requirements(concerns)of the Town of Mead as
stated in the referral response dated 10/21/2010. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Town of Mead)
F. The applicant shall attempt to address the requirements of the Mountain View Fire Protection
District as stated in their referral response received 5/19/10. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Mountain View
Fire Protection District)
G. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of Department of Public Health and Environment approval shall be submitted to the
Weld County Department of Planning Services. (Department of Public Health and
Environment)
H. In the event the applicant intends to utilize the existing septic system for business use, 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
system's ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or constructed the
system shall be brought into compliance with current Regulations. Evidence of Department of
Public Health and Environment approval shall be submitted to the Department of Planning
Services. (Department of Public Health & Environment)
Alternately to item F above, the applicant shall install an individual sewage disposal system
for business use and the system shall be installed according to the Weld County Individual
Sewage Disposal Regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. Evidence of Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services. (Department of Public Health &
Environment)
J. 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. Evidence
of Department of Public Health and Environment approval shall be submitted to the
Department of Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
• name, address, and phone number). (Department of Public Health and
Environment)
• Resolution USR-1722
Daniel Ochsner
Page 6
K. All derelict vehicles and miscellaneous debris shall either be screened from adjacent
properties and rights-of-way or shall be removed from the property.
L. The applicant shall submit a lighting plan for review and approval by the Department of
Planning Services. The lighting plan shall adhere to the lighting requirements for off-street
parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the
lighting standards, in accordance with Section 23-3-360.F and Section 23-2-250.D of the
Weld County Code. Furthermore,the approved Lighting Plan shall be delineated on the plat.
M. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. 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 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)
3. 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 dhuerter(Wco.weld.co.us (Department of Planning Services)
4. 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)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
resolution was signed a $50.00 recording continuance charge may be added for each additional 3
month period. (Department of Planning Services)
Motion seconded by Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
• Nick Berryman
Jason Maxey
• Resolution USR-1722
Daniel Ochsner
Page 7
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 June 1, 2010.
Dated the 1st of June,f 2010.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
•
DEVELOPMENT STANDARDS
USR-1722
Daniel Ochsner
1. A Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (long-
term storage units) along with one(1) single-family dwelling unit when used as living quarters for the
proprietor, employees, caretakers or security personnel responsible for operating, maintaining or
guarding the property where such dwelling unit is enclosed within the principle building (stick-built
office/managers apartment)(a building to be used as an office and as a residence for employees) 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. One (1) employee (on-site manager) will be onsite. (Department of Planning Services)
4. Hours of operation shall be from 6:00 AM to 7:00 PM — Monday through Sunday. (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 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
11. Any vehicle washing area(s) 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. (Department of Public Health and Environment)
12. Sewage disposal 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 facility shall utilize the existing public water supply. (Little Thompson Water District)
(Department of Public Health and Environment)
14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
•
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health & Environment)
Resolution USR-1722
Daniel Ochsner
• Page 9
15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and Weld County Code. (Department of Public Health and Environment)
16. 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) (Department of Planning
Services)
17. Effective August 1, 2005, Building Permits issued on the proposed lots 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)
18. The Landscaping/Screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
19. All vehicles located on the property must be operational and with current license plates and tags.
(Department of Planning Services)
20. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and not 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)
21. 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 Planning Services)
• 22. A separate building permit shall be obtained prior to the construction of any building. (Department of
Building Inspection)
23. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Commercial building plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. Residential
building plans may be required to bear the wet stamp of a Colorado registered architect or engineer.
(Department of Building Inspection)
24. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2008 National Electrical Code,2006 International Energy Conservation Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
25. Each building will require an engineered foundation based on a site-specific geotechnical report or an
open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
26. A letter of approval from the Mountain View Fire Protection District shall be provided prior to the
construction of any structure. (Department of Building Inspection)
27. On-site lighting, including security lighting shall maintain compliance with Section 23-3-250.D of the
Weld County Code:
A. Sources of light shall be shielded so that light rays will not shine directly onto ADJACENT
• properties where such would cause a nuisance or interfere with the USE on the ADJACENT
properties; and
Resolution USR-1722
Daniel Ochsner
• Page 10
B. Neither direct nor reflected light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets and no colored lights may be used which may
be confused with or construed as traffic control devices. (Department of Planning Services)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
30. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
31. 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.
32. 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.
•
•
�(t /to
Special Review permit(USR). If the USR is approved, the violation will be closed.
• The property to the west is in Althen Boyer Subdivision and is zoned C-3(Business Commercial)and currently
houses several commercial operations. The property to the north, south and east is within the City and County
of Broomfield. The property is located within the three mile referral area for the Cities of Dacono and
Northglenn and the Towns of Frederick and Erie, Adams County and the City and County of Broomfield. The
Town of Erie in their referral dated February 8, 2010 indicated no conflicts with their interest. Staff believes
that the Conditions of Approval and Development Standards will ensure that the use will be compatible with
existing land uses.
Twenty-one referral agencies reviewed this case, eight responded favorably or included conditions that have
been addressed through development standards and conditions of approval. No comments were received
from: City of Dacono, Town of Frederick, Central Weld County Water District, Weld County Department of
Planning Services Landscape, Adams County, Broomfield County, Weld County Ambulance Services,
Colorado Department of Transportation, West Adams Soil Conservation District, City of Northglenn, Weld
County School District RE-1J, and the Bull Canal.
Ms. Martin noted that Development Standards 24 and 31 are duplicate;therefore one of those may be deleted.
Roy Spitzer moved to delete Development Standard 24 and renumber accordingly,seconded by Mark Lawley.
Motion carried.
Lauren Light, Environmental Health, stated that water is provided by Central Weld County Water District.
Each of the two homes on the property have permitted septic systems. If either of those homes were to be
used in conjunction with the business an engineer would need to evaluate the system. A septic system will be
needed for the commercial building designed by an engineer.
The applicant has submitted a Dust Abatement and Waste Handling Plan. Staff would like to see that the
applicant would use water to control the dust on their Dust Abatement Plan. In addition,the applicant needs to
provide information on how they would contain a spill if it were to happen and how it would be cleaned up.
Heidi Hansen, Public Works, stated that the City of Broomfield has jurisdiction over the access onto County
Road 6. The applicants have identified an existing low point on the site and have outlined that as their water
quality feature.
Troy and Judy Heffner, 370 CR 16.5, commented that this property has been used mainly as a horse property
for many years and they wish to continue to do that. The applicants are proposing to utilize the barn for
commercial use. She added that this proposed use is compatible with the surrounding properties to the east
and west. The outside storage area will be screened.
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 applicants if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicants replied that they are in agreement.
Mark Lawley moved that Case USR-1737, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes;Alexander Zauder, yes; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
• CASE NUMBER: USR-1722 EXHIBIT'`
APPLICANT: Daniel Ochsner
5
PLANNER: Chris Gathman
•
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone district(long term storage units) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Part W2SW4 of Section 2,T3N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to the East 1-25 Frontage Rd and north of and adjacent to
CR 36.
Chris Gathman, Planning Services, commented that this application is for a Site Specific Development Plan
and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (long term storage units along with one-single family
dwelling unit when used as living quarters for the proprietor/employees caretakers or security personnel
responsible for operating, maintaining or guarding the property where such dwelling unit is enclosed within the
principle building). The applicant is proposing a stick built office that would also include a manager's
apartment
The site is located approximately 200 feet to the south of an existing single family residence and
approximately 300 feet north of a single family residence along with an outdoor storage to the south. The
Department of Planning Services has received one letter from a surrounding property owner located
immediately to the north of the site. Concerns expressed were in regard to whether this use is compatible with
the adjacent properties, how the units will be secured or controlled,what type of uses would be allowed in the
storage units, is there an adequate demand for this type of use. The Department of Planning Services has
attached several development standards and conditions of approval to address compatibility with adjacent
properties. A landscape and screening plan is required along with a lighting plan to address the visual impacts
of this use and to ensure compatibility with existing and surrounding land uses.
Ten referral agencies reviewed this application; nine referrals were received and either indicated no conflicts
•
with their interest and/or have been addressed through conditions of approval and development standards.
The Town of Mead did provide a referral dated October 21, 2009 indicating that the property is located within
the Town of Mead's Planning Area and has a future land use designation of Planned Industrial Mixed Use.
Mead also indicated that the property is located within the Mead Highway Design Overlay District.
Development standards outlined in this district include a minimum building setback of 50 feet from the 1-25
Frontage Road. Additional standards that would apply are in regard to architectural and building articulation
standards. The Town of Mead requested additional information on the site plan to evaluate the plan for
conformance or non-conformance with the Town of Mead's Development Standards. The Town of Mead
recommends that USR-1722 be denied and to refer the application to the Town of Mead for annexation.
Mr. Gathman stated that he has had discussions with applicant and the applicant indicated that he has had
some conversations regarding annexation with the Town of Mead but wishes to not pursue annexation into the
Town.
Another item reviewed in this case was in regard to Urban Growth Boundaries(UBG)as defined in Section 22-
2-40.E of the Weld County Code. A portion of this site is located within the Urban Growth Boundary of the
Town of Mead; however less than 50%of the site is located within the Town of Mead Urban Growth Boundary.
Staff has reviewed this and on that basis has determined that it is not subject to the provisions of Section 22-
2-40.E of the Weld County Code which addresses criteria that the County should consider such as:
• The municipality does not consent to annex the land or property in a timely manner or annexation is
not legally possible
• The proposed development, including public facility and service provision, is consistent with other
urban-type uses and conforms to County regulations
• The proposed urban development attempts to be compatible with the adjacent municipality's
• comprehensive plan (though it may not necessarily conform to it).
Another referral was received from Mountain View Fire Protection District in which they are requiring a
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minimum fire flow of 1500 gpm at 20 psi and that fire hydrants be placed so that all portions of buildings on the
site are located a minimum of 450 feet from any buildings to be located on site. Mr.Gathman had discussions
with the Little Thompson Water District and they indicated that there is an existing 24 inch water main on the I-
25 Frontage Road and an existing water line with fire hydrants along County Road 36. The applicant
submitted a letter indicating that he will address any requirements of the Fire Protection District for this use.
An access permit from CDOT under Permit#408010 was issued for this site in 2008.
The Department of Planning Services is recommending approval of this application with the attached
development standards and conditions of approval.
Lauren Light, Environmental Health, commented that water is provided by Little Thompson Water District and
they have provided a letter stating that the existing tap is acceptable for a business/residence/office. There is
an existing septic system on the property for the house which is sized for a one bedroom home. If this will be
used with the business an engineer will need to evaluate the system or the applicant will need to install a new
system.
Waste Handling and Dust Abatement Plans are required. No wash sites or RV dump stations will be located
on site.
Heidi Hansen, Public Works, commented that the existing access is from the 1-25 Frontage Road permitted
through CDOT. Staff requested 100 feet of paving into the site as the rest of the site will be gravel and this will
help with tracking control. The applicant has provided an acceptable preliminary drainage report. She added
that they have some minor changes to make to it prior to finalization.
Daniel Ochsner, 18905 CR 394, commented that he would like to put storage units on this site. He added that
located to the south of this site is a salvage yard. He feels that storage units would be a good use of this
property.
• The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Chris LeBaron, 5200 CR 36 commented that he lives in the country because he doesn't want to live around
commercial. He added that County Road 36 is in extremely bad shape with washboards. This proposed use
will increase the traffic on County Road 36 and asked what this will do to the quality of the road as it is already
in need of repair. The dust is already bad; therefore the additional traffic will make it worse.
Steve Stamey, Town of Mead, wished to clarify the County's Urban Growth Boundary. According to the map
on the visual slide the Town limits are on County Road 36 as well as the 1-25 Frontage Road and that parcel
would be within one-quarter mile of Town limits and entirely within what the County defines as its Urban
Growth Boundary.
The property is located within the Town of Mead's Planning Area and is immediately adjacent to the Town of
Mead's city limits on both the west side of the property and the south side of the property and it is eligible for
annexation. In 2008-2009 the Town went through an extensive public process of adopting a new
comprehensive plan and new development standards for that community. Through that process it designates
this property with a future land use of Planned Industrial Mixed Use. The Town also adopted through that
process extensive development standards,which they felt were appropriate for that community along the 1-25
Frontage Road. Those development standards included 50 foot building setbacks from the Frontage Road,
consideration for 360 degree architecture, variety of building design elements and highway frontage
landscaping. The Town has not seen enough detail on that application to review whether or not it would
conform or address any of those standards in terms of the Town's development standards and requirements.
The Town of Mead respectfully requested that the County refer this application to the Town of Mead for
annexation. Mr. Stamey stated that the Town is open to discussing annexation with the applicant.
Commissioner Lawley asked if there have been any discussions regarding annexations within the last 6
• months with the applicant. Mr. Stamey replied no.
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• Sandy Winset, co-owner of the property located at 17300 E 1-25 is north of this proposal. Ms.Winset is not as
concerned with the storage units; however she expressed concern that this is proposed on agricultural land.
She added that there is also a concern that this will become an outdoor storage area and she doesn't want to
see this. Ms. Winset inquired what the hours of operation will be and if it will be secured.
Commissioner Spitzer asked to clarify the hours of operation. Mr. Gathman said that hours of operation are
from 6 am to 7 pm, seven days a week.
Commissioner Lawley said that we've incorporated other cities development standards when they've
commented on certain criteria and asked if staffs report takes into consideration the Town of Mead's. Mr.
Gathman said that there is a condition of approval which states that the applicant attempt to address the
requirements of the Town of Mead.
Commissioner Lawley referred to the Town of Mead's concern regarding the UGB at the one-quarter mile. Mr.
Gathman said that a previous planner, Brad Mueller, updated the Urban Growth Boundary in July 2009. The
standard is now one-quarter mile from existing sewer. Based on those boundaries staff determined that less
than 50 percent of the site is located within the Urban Growth Boundary and not the entire site.
Commissioner Holton asked if this use includes outdoor storage. Mr. Gathman said it is in-door storage only.
Commissioner Holton asked the applicant if he has had any discussions with the Town of Mead regarding
annexation. Mr. Ochsner said he had discussions with them 1 ''A year ago and added that he is not interested
in annexing into Mead.
Commissioner Lawley commented that since we've taken recommendations from other Towns before he feels
that we should also take those into consideration in this case. He added that if the Town of Mead is
requesting setbacks than we should address that. He stated that he would like to see that as a condition of
• approval. Mr. Gathman suggested that the condition of approval be amended to state that it"shall address"
rather than "shall attempt to address" given the fact that there are several items that the Town of Mead
desires.
The Planning Commission discussed how the Town of Mead's required setbacks would affect the long storage
building located along the western property. Mr. Ochsner said that if the setbacks were required it would
eliminate that building and therefore impact his business. He added that he designed the building according to
Weld County standards including the setbacks, drainage, etc. and if this is changed it would cost him
additional money.
Commissioner Spitzer said that he doesn't agree with changing the standards as the applicant has prepared
his design according to our standards and then we would ask him to design his proposal to another set of
standards. Commissioner Holton commented that he is not in favor of changing the standards.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if he is in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR-1722, 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 Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes with comment; Erich Ehrlich, absent; Robert Grand,yes; Bill Hall, yes;Alexander Zauder,yes;
Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes with comment; Tom Holton, yes. Motion carried
unanimously.
Commissioner Berryman suggested that an IGA be developed with the Town of Mead as well as other
• municipalities to alleviate some of these issues.
Commissioner Lawley echoed the suggestion of developing an IGA with the Town of Mead and added that we
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• also need to have some consistency when applying some of these standards.
The Chair called a recess at 2:55 p.m. and reconvened the meeting at 3:07 p.m.
The Chair read the following case into record.
CASE NUMBER: USR-1745
APPLICANT: RRRS, LLP c/o Christine Hiatt
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Medical Marijuana Dispensary in the C-3(Business Commercial)Zone District,
along with Uses Permitted as a Use by Right and Accessory Use (car/truck
wash), Vehicle Service Repair(oil change and vehicle lubrication), Stores and
Shops Furnishing Services and Merchandise at Retail to the General Public,
Offices, and a 70-Foot Wireless Tower in the C-3 (Business Commercial)Zone
District.
LEGAL DESCRIPTION: Part of the NE4 of Section 10,T2N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1,000 feet south of SH 119;west of and adjacent to Turner Blvd
and approximately 450 feet west of 1-25.
Chris Gathman, Planning Services, commented that there are a number of uses listed on this application. The
main component that the applicant is proposing is a medical marijuana dispensary and wellness center to be
located in an existing commercial building. Medical marijuana dispensaries currently require a Use by Special
Review Permit(USR) in the C-3(Business Commercial)Zone District. There are existing uses by right on-site
that were approved through the Site Plan Review process under SPR-103, SPR-107, and SPR-309. The Site
Plan Review process is an administrative review process used to ensure that uses by right in the commercial
and industrial zone districts as well as in multi-family residential areas meet the zoning and design standards
of the underlying zone districts. A Use by Special Review permit cannot encompass only a portion of a
• property without utilizing a subdivision exemption, recorded exemption, or subdivision to create a separate
parcel defining the boundaries of the Use by Special Review. Additionally, a USR cannot overlap an existing
Site Plan Review. Therefore in this case, because the applicant is leasing a portion of the building for the
dispensary it is not feasible to create a separate parcel for this use. Therefore the other uses already
authorized through the Site Plan Review process have been included under this request.
This use is surrounded by commercial/industrial uses to the south, north and east. Two hotels are located to
the north and east. There is a commercial/industrial building site located to the south. There is a mobile
home park located to the west of this site. There is an opaque privacy fence along the western boundary of
this site separating this site from the mobile home park.
An email in opposition to the proposed use was received by representative of the owner of the mobile home
park citing concerns for impact to quality of life, potential for increased crime in the area, and detrimental
impacts on property values. There have been a number of conditions of approval attached to this USR in
regard to a lighting plan, security plan, signage plan, and also having the applicant address recommendations
from the Weld County Sheriffs office to address safety concerns of this proposed use.
Fourteen referrals agencies reviewed this case; eleven were received and either indicated that they have no
conflicts with their interests and/or have been included in conditions of approval and development standards.
The site is located within the three mile referral areas for the Towns of Firestone, Frederick, Longmont, and
Mead. The Town of Longmont indicated no conflicts with their interests. The Town of Mead indicated that the
property is not located within the Town of Mead Planning Area. No referral response was received from the
Firestone. The Town of Frederick did respond and indicated that they are not in support of this use because:
• The property would not likely be zoned industrial. In addition, the Town of Frederick indicated that
they were contemplating medical marijuana dispensaries as a conditional use in the industrial zone
• district area.
• Affective regulation and enforcement of this location would be difficult for the Weld County Sheriff's
office resulting in an additional burden for law enforcement agencies and neighboring municipalities.
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