HomeMy WebLinkAbout20101072.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-1735
APPLICANT: Bruce & Susan MacMillan
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Home Business (custom metal working studio) in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot A RE-4643; Part NW4 of Section 33,T4N, R67W of the 6th P.M.,Weld
County, Colorado.
LOCATION: East of and adjacent to CR 17 and approximately 1/2 mile north of CR 38.
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.
Section 22-2-20.G A.Policy 7.2. of the Weld County Code 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."
Section 22-2-20 I.A.Goal 9.of the Weld County Code states: "Reduce potential conflicts
between varying land uses in the conversion of traditional agricultural lands to other land
uses."
Lot A is 5.2 acres and is not conducive to traditional mechanized farming and has no
irrigation water. Further, the applicant is proposing to utilize an existing outbuilding (barn)as
an artisan's studio. Metalwork will be done on a commission basis. One (1) to three (3)
customers/clients a month are anticipated to access the property. This use has no outside
employees and neither outside storage nor signage is proposed.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.0 of the Weld County Code provides for Home Businesses as
a Use by Special Review 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 has an existing residence and three (3) outbuildings. No additional buildings or
structures will be required for this use. The site is located in a rural agricultural area. The
nearest residences are located approximately 500 feet to the west and 1,000 feet to the south
of this site. An irrigation pivot is located immediately to the north and east of the site.
This use meets the intent of the"home business" as defined in the Weld County Code.
The home business criteria outlined in Section 23-1-90 are:
1) The use is conducted primarily within a dwelling unit or accessory structure and
• principally carried on by the family resident therein and
2) Such use is clearly incidental and secondary to the principal permitted us- -..• .not change the character thereof. EXHIBIT
2010-1072 1
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Resolution USR-1735
Bruce& Susan MacMillan
Page 2
• Attached Conditions of Approval and Development Standards will ensure that the proposed
use is compatible with the surrounding area.
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. This site is located within the 3-mile referral areas for the Towns of Berthoud,
Johnstown and Milliken. The Town of Berthoud indicated no conflict with their interests in
their referral response received January 20, 2010. No referral response has been received
from the Towns of Johnstown and Milliken.
E. Section 23-2-220.A.5--The application complies with Article V, Divisions 1, 2, 3 and 4 of the
Weld County Code.
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)
The site does not lie within any Overlay Districts.
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 use is to be located in an
existing outbuilding. No agricultural land will be removed from production.
• 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.
Previously, the property was in violation (ZCV09-00139) for operating an iron/metal fabrication operation
without an approved and recorded Use by Special Review permit(USR); however, the violation will be closed
upon approval from the Board of County Commissioners.
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 applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan shall
include at a minimum, the following:
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).
Evidence of Health Department approval shall be submitted to the Department of Planning
Services. (Department of Public Health & Environment)
Resolution USR-1735
Bruce& Susan MacMillan
Page 3
• B. The applicant shall address the requirements of the Weld County Department of Building
Inspection as stated in their referral received January 27, 2010. Proper building permits shall
be applied for to change the use of the existing agricultural exempt(barn)to a custom metal
work studio. Evidence of such shall be provided to the Department of Planning Services.
(Department of Building Inspection)
C. The plat shall be amended to delineate the following:
1. The plat shall comply with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. All sheets of the plat shall be labeled USR-1735. (Department of Planning Services)
4. County Road 17 is a major arterial road,which requires a 140-foot right-of-way at full
build out. There is presently a 60-foot right-of-way. This road is maintained by Weld
County. Pursuant to the definition of Setback in the Weld County Zoning (23-1-90),
the required setback is measured from the future right-of-way line. The edge of
future right-of-way for County Road 17 shall be indicated on the plat. (Department of
Public Works)
5. Vicinity map per Section 23-2-260.D.4 of the Weld County Code. (Department of
Public Works)
D. 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 duerter(a),co.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)
Motion seconded by Nick Berryman.
•
Resolution USR-1735
Bruce& Susan MacMillan
Page 4
•
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 May 4, 2010.
• Dated the 4`" of May, 2010.
( .. ,, vLQ-
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bruce & Susan MacMillan
USR-1735
1. The Site Specific Development Plan and Special Use Permit is for a home business (custom
metalworking studio)in the A(Agricultural)Zone District, and subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall be operated by owners and family members(no outside employees). (Department of
Planning Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
5. 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. (Department of Public Health and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
• 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
9. Adequate drinking, handwashing and toilet facilities shall be provided customers of the facility, at all
times. (Department of Public Health and Environment)
10. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
11. 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)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.The facility
shall utilize the existing public water supply (Little Thompson Water District). (Department of Public
Health and Environment)
13. 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)
14. 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)
Resolution USR-1735
Bruce&Susan MacMillan
Page 6
• 15. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
16. Parking areas and the access drive shall be surfaced with gravel, recycled asphalt or the equivalent
and shall be graded to prevent drainage problems. (Department of Public Works)
17. A building permit shall be obtained for the change of use for any structure. (Department of
Building Inspection)
18. A plan is required for each building for which a building permit is required.Two complete sets of plans
are required when applying for each permit. Plans shall bear the wet stamp from a State of Colorado
registered architect or engineer. Include a Code Analysis Data sheet for the Weld County Building
Department with each building permit. Submittal plans shall address all required structural,
mechanical, plumbing, electrical and accessibility requirements along with a floor plan showing the
specific uses for each area for the building. (Department of Building Inspection)
19. All building plans shall be submitted to the Johnstown Fire Protection District for review and approval
prior to issue of the building permit. (Department of Building Inspection)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
• 22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
23. 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.
24. 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.
25. 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.
•
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, May 4, 2010
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10`" Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton - Chair
Mark Lawley-Vice Chair
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present: Chris Gathman, Michelle Martin, and Kim Ogle, Department of Planning Services; Heidi Hansen,
Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris
Ranslem, Secretary.
Robert Grand moved to approve the April 6, 2010 Weld County Planning Commission minutes, seconded by
Bill Hall. Motion carried.
The Chair read the first case into record.
• CASE NUMBER: USR-1735
APPLICANT: Bruce & Susan MacMillan
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Home Business (custom metal working studio) in the A(Agricultural) Zone
District.
LEGAL DESCRIPTION: Lot A RE-4643; Part NW4 of Section 33, T4N, R67W of the 6th P.M., Weld
County, Colorado.
LOCATION: East of and adjacent to CR 17 and approximately 1/2 mile north of CR 38.
Chris Gathman, Planning Services, stated that the applicant is running late and requested to move this case
later in the agenda.
The Chair read the next case into record.
CASE NUMBER: USR-1725
APPLICANT: Brian&Susan Williams
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(landscaping business) in the A(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE-1168 being part of the NW4 SW4 of Section 21, T4N, R67W of the
6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 17 and approximately 1/4 mile north of CR 42.
Michelle Martin, Planning Services, commented that the applicant just provided her with their notice of the
mineral owners and requested that Council review this to make sure that it does meet the requirements per
the Weld County Code.
• After review of the letter by Bruce Barker, County Attorney, it appears that this notice will not work; therefore
EXHIBIT
I
staff requested that this case be continued to the June 1, 2010 Planning Commission meeting.
• Nick Berryman moved that Case USR-1725 be continued to the June 1, 2010 Planning Commission meeting,
seconded by Robert Grand. Motion carried unanimously.
CASE NUMBER: USR-1735
APPLICANT: Bruce & Susan MacMillan
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Home Business (custom metal working studio) in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot A RE-4643; Part NW4 of Section 33, T4N, R67W of the 6th P.M., Weld
County, Colorado.
LOCATION: East of and adjacent to CR 17 and approximately Y: mile north of CR 38.
Chris Gathman, Planning Services, commented that this case is to correct a zoning violation(ZCV09-00139)
for operating an iron metal fabrication business without obtaining the necessary Weld County Zoning Permits.
This site is located in a rural agricultural area. The nearest residences are approximately 500 feet to the west
and 1000 feet to the south of this site. An irrigation pivot is located immediately to the north and east.
Ten referrals were sent to outside agencies. Six (6) referral comments were received and have been
addressed as conditions of approval and/or development standards.
This site is located within the three mile referral areas for the Towns of Berthoud, Johnstown, and Milliken.
The Town of Berthoud indicated no conflict with their interests in their referral response received January 20,
2010. No referral response has been received from either the Towns of Johnstown or Milliken.
No phone calls or letters have been received from surrounding property owners in regard to this case.
• The Department of Planning Services recommends approval of this application along with the attached
development standards and conditions of approval.
Mr. Gathman added that the business is custom; therefore there are typically no outside customers. They
may have one (1) delivery a month from off-site.
Lauren Light, Environmental Health, noted that water is provided by the Little Thompson Water District. In the
information provided to Environmental Health it indicates that clients come to the site maybe 1 to 3 times a
month; therefore a condition was included that the clients need to have access to sanitary facilities. In
researching the site, staff discovered that there are two septic systems for the home onsite. One system is for
the basement and another system is for the upper level of the house. However, as mentioned in Mr.
Gathman's testimony the applicant indicated that there are no clients coming to the site. Ms. Light stated that
if no clients are coming to the site those conditions of approval could be deleted.
Heidi Hansen, Public Works, stated that County Road 17 is classified as an arterial roadway with 140 feet of
right-of-way; currently there is 60 feet of right-of-way. The existing residential access will be utilized. Staff
requested that the applicant identify the future and existing right-of-way on the plat. No stormwater drainage
measures were required as it is a low intensive use.
Susan MacMillian said that this is not necessarily a metal fabrication business but more of an artisan studio.
Her husband does sculpture and railings. She added that he goes out and measures what the client wants,
creates a design, makes the object and then installs it onsite. No signage will be located onsite.
Ms. Light commented that the septic tanks that they inspected were adequate; however there wasn't enough
information to determine if the leach fields are adequate for the house. She added that if a development
standard would be added that there are no outside employees or customers then Condition of Approval 1.6
• and 1.C could be deleted.
2
After reviewing the current development standards, staff felt that they were adequate and recommended
• deleting Condition of Approval 1.B and 1.C.
Mark Lawley moved to delete Condition of Approval 1.6 and 1.C as recommended, seconded by Robert
Grand. Motion carried.
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.
Robert Grand moved that Case USR-1735 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 Nick Berryman.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey,
absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a brief recess and reconvened at 1:52 pm.
The Chair read the following case into record.
CASE NUMBER: USR-1732
APPLICANT: Michael & Pamela Weiss
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 15 personal dogs) in the A (Agricultural) Zone District.
.
LEGAL DESCRIPTION: Lot B RE-3666: located in Part of the W2SW4 of Section 33, T3N, R66W of the
6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 26 and approximately 1 mile west of CR 31.
Kim Ogle, Planning Services, commented that the site is located within the three mile referral area for the
Town of Platteville. The Town of Platteville, in their referral dated January 14, 2010, indicated that they
reviewed the request and found no conflicts with their interests.
The existing kennel is in violation for the presence of too many household pets.
Surrounding properties are predominately agriculture in character. Located to the west of the property is
farmland. North of the property are two residences and dryland pasture. To the east is dryland pasture as
well.
Fourteen referral agencies reviewed the case. Six(6) referral agencies offered comments and are addressed
through the conditions of approval and development standards.
No letters or phone calls have been received in regard to this case from surrounding property owners.
The Department of Planning Services recommends approval of this case along with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, commented that the applicant has a domestic well permit. She added
that the applicants do not wish to change the well permit to commercial as it limits what they can do on their
property. Since this is 15 of their own personal dogs, there are no septic issues. Ms. Light commented that
the applicants did a good job of addressing conditions prior to this meeting.
• Heidi Hansen, Public Works, commented that County Road 26 is a local gravel road. No stormwater drainage
measures were required because it is for their personal dogs and not a business.
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