HomeMy WebLinkAbout20100514.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-1726
APPLICANT: Otoniel Goldman
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
Accessory Building (a proposed addition to an existing garage that will exceed
4% of the total lot area in an approved or recorded subdivision or lots part of a
map or plan filed prior to adoption of any regulations controlling subdivisions, as
detailed in Section 23-3-30 of the Weld County Code-Union Colony
Subdivision) and a Home Business (parking of two dump trucks) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of Lot 3 Union Colony Subdivision; located in the SW4NE4 of Section 9,
T5N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to 16'° Street and approximately 1,300 feet east of Ash
Ave.
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."
The applicant is proposing to park a total of two (2) semi trucks (one more than the
amount allowed as a use by right in the agricultural zone district). The applicant is
proposing to park the trucks inside the garage during the winter and bad weather
conditions. The applicant is also proposing an addition to an existing garage building that
will exceed the 4% lot coverage requirement for lots in a subdivision (this parcel is located
in Union Colony). This proposal will have little to no impact on the surrounding area.
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 is immediately adjacent to residences to the south and a residence with commercial
vehicles to the east of the site. This property is located approximately 1/4 mile to the east of
the city limits of Greeley. The site is well screened with fencing.
This use meets the intent of a "home business" as defined in the Weld County Code. The
home business criteria outlined in Section 23-1-90 are:
EXHIBIT
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Resolution USR-1726
Otoniel Goldman
Page 2
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 use and shall not
change the character thereof.
The minimal impacts generated by the proposed USR along with the 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 area for the Cities of
Greeley, Evans and Garden City. The City of Greeley, in their referral response received
January 4, 2010, asked if the proposed trucking business was an existing nonconforming
use or a use that is not currently allowed. Also, Greeley requested that the proposed
materials for the addition match the materials of the existing building. The City of Evans,
in their referral response received December 9, 2009, indicated no conflicts with their
interests. No referral response has been received from Garden City.
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. (Ordinance 2005-8
Section 5-8-40)
F. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
G. 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 proposed
parcel is only 1.5 acres in size and has an existing residence and outbuilding.
H. 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 applicant shall submit a dust abatement plan, detailing on site dust control measures,
for review and approval, to the Environmental Health Services, Weld County Department
of Public Health & Environment. (Department of Public Health & Environment)
B. 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:
Resolution USR-1726
Otoniel Goldman
Page 3
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 &
Environment)
C. The applicant shall provide photographic evidence that the floor drain in the garage has
been sealed. (Department of Public Health & Environment)
D. The applicant shall address the requirements of the Department of Public Works as
stated in their referral received January 5, 2010. Written evidence of such shall be
provided to the Department of Planning Services. (Department of Public Works)
E. 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-1726. (Department of Planning
Services)
4. East 16th Street is a local paved road which requires 60 feet of right-of-way at full
build out. There is presently 60-feet of right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The edge of East 16th right-of-
way shall be indicated on the plat. This road is maintained by Weld County.
F. 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 dhuerterco.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 Roy Spitzer.
Resolution USR-1726
Otoniel Goldman
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 March 2, 2010.
Dated the 2nd of March, 2010.
at
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Otoniel Goldman
USR-1726
1. A Site Specific Development Plan and a Special Review Permit for an Accessory Building with gross
floor area larger than four percent (4%) of the total lot area, as detailed in Section 23-3-30, per
building on Lots in approved or recorded subdivision plats or Lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions(a proposed addition to an existing garage that will
exceed 4% lot coverage in Union Colony Subdivision and a home business (parking of two dump
trucks) 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. All vehicles and trailers associated with this use shall be currently licensed. (Department of Planning
Services)
4. Outdoor storage associated with the home business shall be limited to two dump trucks.(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.) 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. (Department of Public Health and Environment)
7. 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)
8. 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)
9. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
10. Adequate drinking, handwashing and toilet facilities shall be provided at all times. (Department of
Public Health and Environment)
11. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
13. Well Permit#27837 is limited to domestic purposes; household purposes inside one single-family
dwelling, the watering of domestic animals, and the irrigation of not more than 10,000 square feet of
home gardens and lawn. Use of the domestic well for any other purpose, such as commercial truck
washing or dust control is prohibited. (Department of Public Health and Environment)
14. The application is proposing a well as its source of water,for domestic use only. The applicant should
be made aware that groundwater may not meet all drinking water standards as defined by the
Colorado Department of Public Health and Environment. The applicant is encouraged to test the
drinking water prior to consumption and periodically thereafter. (Department of Public Health and
Environment)
Resolution USR-1726
Otoniel Goldman
Page 6
15. 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)
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. 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 Planning Services)
18. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Planning Services)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
22. 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.
23. 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.
24. 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, March 2, 2010
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called:to order-by
Chair, Tom Holton, at 1:30 p.m.
ROLL CALL ABSENT
Tom Holton -Chair
Mark Lawley -Vice Chair c_:
Nick Berryman Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present:
of Public Works; Lauren Light, Mary Evett, and Troy Swain, Don Carroll,
Department of Health; Cyndy Giauque, County
Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the February 2,2010 Weld County Planning Commission minutes,seconded
by Bill Hall. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1726
APPLICANT: Otoniel Goldman
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
Accessory Building (a proposed addition to an existing garage that will exceed
4% of the total lot area in an approved or recorded subdivision or lots part of a
map or plan filed prior to adoption of any regulations controlling subdivisions,as
detailed in Section 23-3-30 of the Weld County Code-Union Colony
Subdivision) and a Home Business (parking of two dump trucks) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of Lot 3 Union Colony Subdivision; located in the SW4NE4 of Section 9,
T5N, R65W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to 16'"Street and approximately 1,300 feet east of Ash
Ave.
Chris Gathman, Planning Services, commented that the applicant is proposing to park a total of two semi
trucks in the agricultural zone district. The applicant has indicated that the trucks will be parked inside the
garage during the winter season and bad weather conditions. The applicant is also proposing an addition to
an existing garage that will exceed 4% of the lot coverage required on this parcel.
The site is immediately adjacent to residences south and a residence with commercial vehicles to the east of
the site. The property is located approximately 1/4 mile to the east of the City limits of Greeley. The site is well
screened with fencing presently. This use meets the intent of a home business because it is conducted
primarily within a dwelling unit or an accessory structure and principally carried on by the family resident
therein.
Eleven referrals have been sent to outside referral agencies; six (6) responses were received and either
indicated no concerns or are addressed through the conditions of approval and development standards.
EXHIBIT
C
OSR-n2
This site is located within the three-mile referral area for the Cities of Greeley, Evans and Garden City. The
City of Greeley, in their referral response dated January 4,2010, requested that the proposed materials for the
addition match the materials over the existing building. The City of Evans indicated no conflict with their
interests. No response was received from Garden City.
No letters or correspondence has been received from surrounding property owners.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Don Carroll, Public Works, stated that the location of the site is on East 16th Street which is a paved local road.
He added that the access is existing and it appears that the traffic circulation is good. Public works has
worked with the applicant on a water quality feature which collects water run-off from the structures and the
property. No traffic study is required. The site is not located in a flood zone.
Mary Evett, Environmental Health, commented that the residence on site will be available for restroom
purposes. There is an existing septic system sized for four people. Also, the garage has a lavatory and wash
basin which drains to the septic system. Since there are no employees(only the applicant and his wife who
reside at the property) the septic system will not be required to be reviewed by a Colorado Registered
Professional Engineer.
Water is supplied by an existing well and is limited to domestic purposes. Use of the well for any other
purposes such as dust control or truck washing would be inhibited. There is a floor drain in the garage which
the applicant indicated that they will fill with concrete. The applicant is required to provide photographic
evidence that the floor drain has been sealed.
Commissioner Holton referred to Development Standards 14 and 15. Development Standard 14 indicates that
there is an existing well and asked if in Development Standard 15 staff is requesting an additional well. Ms.
Evett commented that in Development Standard 15 they are recommending that they test the well on a regular
basis.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Ms. Evett commented that she would like to amend Development Standard 15 to read "The application is
proposing a well as its source of water, for domestic use only. The applicant should be made aware that
groundwater may not meet all drinking water standards as defined by the Colorado Department of Public
Health and Environment. We strongly encourage the applicant to test their drinking water prior to
consumption and periodically test it over time".
Mark Lawley moved to amend Development Standard 15 according to staffs recommendation, seconded by
Roy Spitzer. Motion carried.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1726, 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-1728
2
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