HomeMy WebLinkAbout20101305.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley, 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-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.
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 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. Such development shall attempt to be compatible with the
region." Development Standards and Conditions of Approval will ensure that the proposed
• use will be compatible with the area. The surrounding property is primarily residential in
nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or
screening of the proposed use from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding uses." The applicant
is proposing to landscape the perimeter of the site with evergreen trees.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District. Section 23-3-40.R of the Weld County Code allows for A Site Specific
Development Plan and a Special Review Permit for a business permitted as a use by right or
accessory use in the Commercial Zone District (Landscaping Business) in the A
(Agricultural) Zone District.
Currently the property is in violation (ZCV09-00041) for the operation of a landscaping
business without an approved and recorded Use by Special Review permit (USR). If the
USR is approved, the violation will be closed. If denied, the case shall be referred to the
County Attorney's office but delay legal action for 30 days in order to give the applicant time
to ensure that the business is removed from the property.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding property to the north, east and west have been annexed by the Town of
Johnstown. The property is located within the three mile referral area for the Towns of
Johnstown, Berthoud, and Milliken. The Town of Johnstown in their referral dated 12/22/09
stated, "The landscaping business has been in place for some time(presumable with county
approval) and we have not heard of complaints or conflicts. However, the use adjoins 1'"'
undeveloped property that is designated in our Comprehensive Plan as Residential and is •
si
• zoned PUD-R and platted (Willow Creek preliminary)for single family detached residential.
This type of use is considered commercial/light industrial and is not compatible with
residential. We strongly suggest that the Special Review Use be subject to periodic review
2010-1305
Resolution USR-1725
Brian &Susan Williams
Page 2
• and that the USR expire within one year of approval by Johnstown of a residential subdivision
final plat on the adjoining property." The Town of Berthoud in there referral dated 3/12/10
and 12/15/09 had no comments. The Weld County Department of Planning Services has not
received a referral from the Town of Milliken.
Development standard#3 states that the Special Use Permit shall not be transferable to any
successors in interest to the prescribed property and shall terminate automatically upon
conveyance or lease of the property to others for operation of the facility.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The property is not located within an Intergovernmental Agreement Area but does lay within
the three mile referral area for the Towns of Johnstown, Berthoud, and Milliken. The
surrounding area to the west and south is currently residential and the surrounding property
to the north and east is proposed residential (Willow Creek Subdivision). Staff believes that
the Conditions of Approval and Development Standards will ensure that the use will be
compatible with existing surrounding land uses.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area, Capital Expansion Impact Fee,
and the Stormwater/Drainage Impact Fee area.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
• adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8, Section
5-8-40)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The subject site is classified as "Prime Irrigated Farmlands of National Importance" as
delineated on the Important Farmlands of Weld County map, dated 1979. This size of the
parcel (4.75 acres) and is currently developed as a residential property therefore it is not
conducive to farming.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of health, safety,and
welfare of the inhabitants of the neighborhood and County.
The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
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. The plat shall be amended to delineate the following:
•
A. All sheets of the plat shall be labeled USR-1725. (Department of Planning Services)
Resolution USR-1725
Brian & Susan Williams
Page 3
• B. The existing notes on the plat shall be removed and replaced with the attached
Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent public rights-of-way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
E. County Road 17 is a major arterial road which requires 140 feet of right-of-way at
full build out. There is presently 60 feet of right-of-way.An additional 40 feet shall be
delineated on the plat as future County Road 17 right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents creating the right-
of-way. This road is maintained by the Town of Johnstown. (Department of Public
Works)
F. All outdoor storage of material, vehicles and equipment shall be screened from
adjacent to properties and public rights of way. (Department of Planning Services)
G. The vicinity map shall adhere to Section 23-2-260.D.4 of the Weld County Code.
(Department of Planning Services)
H. The applicant shall include on the plat the USR plat certificates. (Department of
• Planning Services)
A detail of the sign shall be added to the plat. The size of the sign shall adhere to
Appendix 23-D of the Weld County Code. (Department of Planning Services)
J. The Department of Planning Services has determined from the application
materials that fifteen (15) parking spaces and one (1) ADA parking space will be
required on site. Each parking space should be equipped with wheel guards where
needed to prevent vehicles from extending beyond the boundaries of the space and
from coming into contact with other vehicles, walls, fences, sidewalks, or plantings.
(Department of Planning Services)
K. The off street parking spaces including the access drive shall be surfaced with
gravel, asphalt, or the equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
2. 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 approval
shall be submitted to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
3. 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
approval shall be submitted to the Weld County 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.
Resolution USR-1725
Brian & Susan Williams
Page 4
• 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)
4. As the applicant intends to utilize the existing septic system, for employee 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 systems 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 approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
5. In the event washing of vehicles or equipment will occur on site the applicant shall ensure that any
vehicle or equipment washing areas shall capture all effluent and prevent discharges from washing
in accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Washing areas should be designated on the plat. Evidence of
approval shall be submitted to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
6. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated 3/23/10 and 12/10/09. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Weld County Department of
Building Inspection)
7. The applicant shall enter into a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all transportation (access drive, parking
• areas, et cetera)and non-transportation(fencing, screening, drainage et cetera). 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 applicant may submit evidence that all the work
has been completed and reviewed by the Department of Planning Services and the Department of
Public Work. (Department of Planning Services)
8. The applicant shall provide to the Weld County Department of Planning Services written evidence from
an approved water source(Little Thompson Water District or water shares)how the landscaping for the
screening will be irrigated. (Department of Planning Services)
9. Upon completion of 1 through 8 above the applicant shall submit three(3)paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within thirty (30) 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)
10. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
11. 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(d co.weld.co.us (Department of Planning Services)
Resolution USR-1725
Brian & Susan Williams
Page 5
12. 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 Robert Grand.
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 June 1, 2010.
Dated the 1st of June, 2010.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Brian and Susan Williams
• USR-1725
1. A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by
right or accessory use in the Commercial Zone District (Landscaping Business)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 Special Use Permit shall not be transferable to any successors in interest to the prescribed
property and shall terminate automatically upon conveyance or lease of the property to others for
operation of the facility. (Department of Planning Services)
4. The hours of operation are 7:00am to 5:00pm Monday through Friday with the exception of the snow
removal business which can operate on an as needed basis. (Department of Planning Services)
5. The site shall be limited to no more than fifteen (15) employees on site. (Department of Planning
Services)
6. 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)
7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
10. 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)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health and Environment)
13. 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)
14. The facility shall utilize the existing public water supply. (Little Thompson Water District)
(Department of Public Health and Environment)
•
Resolution USR-1725
Brian&Susan Williams
Page 7
15. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
•
a safe manner in accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public
Health and Environment)
16. Any vehicle or equipment washing areas 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)
17. The applicant shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations. (Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
19. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
20. 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)
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
•
23. 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 in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of
Planning Services)
24. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
25. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
26. 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.
27. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. (Department of Building Inspection)
28. All building plans shall be submitted to Johnson Fire Protection District for review and approval prior
to issue of Building Permits. (Department of Building Inspection)
•
Resolution USR-1725
Brian & Susan Williams
Page 8
• 29. The historical flow patterns and runoff amounts will be maintained on site in such a manner that'twill
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)
30. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
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.
33. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
• dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
•
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
Resolution USR-1725
Brian &Susan Williams
Page 9
• after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
•
(oi IC
• Chris Gathman, Planning Services, commented that staff recommends that this case be continued so that
referral notification can be sent to the Town of LaSalle as they would like to review this case at their June 15,
2010 hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against these two
applications. No one wished to speak.
Robert Grand moved to continue AmUSR-64 and USR-1741 to the July 6, 2010 Planning Commission
meeting, seconded by Mark Lawley. Motion carried unanimously.
The Chair read the following 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 surrounding property to the north,east and west have
been annexed by the Town of Johnstown. The property is located within the three mile referral area for the
Towns of Johnstown, Berthoud, and Milliken. The Town of Johnstown in their referral dated December 22,
2009 stated, "The landscaping business has been in place for some time(presumably with county approval)
and we have not heard of complaints or conflicts. However, the use adjoins undeveloped property that is
designated in our Comprehensive Plan as Residential and is zoned PUD-R and platted (Willow Creek
• preliminary)for single family detached residential. This type of use is considered commercial/light industrial
and is not compatible with residential. We strongly suggest that the Special Review Use be subject to periodic
review and that the USR expire within one year of approval by Johnstown of a residential subdivision final plat
on the adjoining property." The Town of Berthoud in there referral dated March 12, 2010 and December 15,
2009 had no comments. The Weld County Department of Planning Services has not received a referral from
the Town of Milliken.
Development standard #3 states that the Special Use Permit shall not be transferable to any successors in
interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property
to others for operation of the facility.
The Department of Planning Services has contacted the Town of Johnstown to gather more information on
when this subdivision (Willow Creek) might be slated for development and they indicated that they did not
know at the time.
Currently the property is in violation (ZCV09-00041) for the operation of a landscaping business without an
approved and recorded Use by Special Review permit (USR). If the USR is approved, the violation will be
closed.
Fourteen referral agencies reviewed this case; nine responded favorably or included conditions that have been
addressed through development standards and conditions of approval. No comments were received from
Weld County Sheriff's office, Town of Milliken, Little Thompson Water District, and the Johnstown Fire
Protection District.
Lauren Light, Environmental Health, stated that water is provided by Little Thompson Water District. There is
an existing septic system for the house. In February 2009 the applicant applied for a permit to tie into the
shop. They had an engineer do an evaluation for them; however the engineer's evaluation was not complete
• so the permit is active but has not been issued because the engineer needs to do some additional work on
that.
EXHIBIT
2
_ I
A Waste Handling Plan is requested because there are fuel tanks on-site. In addition,a Dust Abatement Plan
• is requested for on-site dust control.
Heidi Hansen, Public Works, commented that the Town of Johnston has jurisdiction over that portion of
County Road 17. Weld County Public Works classifies County Road 17 as an arterial roadway requiring 140
feet of right-of-way. The applicant is using the existing access to the parcel.
Brian Williams commented that they are requesting the ability to operate a landscape business from his
location. He noted that the south and eastern portions of the site will be used for storing of trees. It is a 21
acre tree farm. He commented that there is a ditch which runs along the southeast corner of the property and
added that he has a head gate which allows him to irrigate these trees. These trees would not be used as a
retail facility but rather used for landscape design.
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 closed the public portion of the meeting.
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.
Mark Lawley moved that Case USR-1725, 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 Robert Grand.
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-1743
APPLICANT: Lawrence& Linda Lopez c/o Tina DeZonia
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Single Family Dwelling Unit per lot(second home on the property) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: East 100 feet of Block 13 and the west 80 feet of Block 12, Dream Acres
Subdivision, being part of Section 25,T2N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to CR 18; 0.25 miles east of CR 11.
Kim Ogle, Planning Services, commented that the site is located within the three mile referral area for the
Cities of Dacono and Longmont and the Towns of Firestone and Frederick. The Weld County Department of
Planning Services did not receive a referral from any municipality.
Surrounding property to the south, east and west of the site are parcels in Dream Acres Subdivision and are
zoned agricultural with single family homes in close proximity. Parcels to the north are rural residential
structures on lots created through the Recorded Exemption process. The general area is an enclave to the
Town of Frederick.
Fifteen referral agencies reviewed this case; three offered comments and have been incorporated into the
conditions of approval and development standards. No telephone calls or letters have been received
concerning this case.
Mr. Ogle noted that there are three proposed amendments to the staff report. Condition of Approval 1.D and
• 1.E are recommended to be deleted as well as Development Standard#17 as they are no longer required.
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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 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
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 A 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
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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 % 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.B
• and 1.C could be deleted.
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