HomeMy WebLinkAbout20092700.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Roy Spitzer, 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-1707
APPLICANT: Joel Mendez
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking of two semi -trucks and trailers) in the Agricultural Zone
Districts.
LEGAL DESCRIPTION: Lot A of RE -2176 being part of the W2 SW4 in Section 25, Ti N, R65W of the
6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 31 and approximately 1/2 mile north of CR 18.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 screen the trucks with an opaque fence thereby limiting the impacts
generated by this use.
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.O 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.
Three (3) single-family residences are located approximately 200-400 feet from the proposed
use to the south and east of the site. Another single family residence is located approximately
1,700 to the west of the site. The property shares an access with the adjacent property owner
to the south. An existing transmission line is located across County Road 31. Vacant grazing
land is located to the north, Several Use by Special Review Permits for dog kennel facilities
are located to the west and south of the site. Additionally, a livestock confinement operation
for rabbits and worms (approved under SUP -318) is to the west of the site (across County
Road 31).
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:
1) The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein and
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Resolution USR-1707
Joel Mendez
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2) Such use is clearly incidental and secondary to the principal permitted use and shall not
change the character thereof.
Attached Conditions of Approval (principally requiring the trucks to be screened) 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 City of
Fort Lupton. No referral response has been received from the Town of Fort Lupton.
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)
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 parcel is
between eleven and twelve acres with an existing residence and outbuildings. No
additional improvements are proposed for this site.
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.
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:
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-1707
Joel Mendez
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3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
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-1707. (Department of Planning
Services)
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)
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 dhuerteraco.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 Erich Ehrlich.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
Against Passaqe
Absent
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.
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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 October 6, 2009.
Dated the 6th of October, 2009.
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Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Joel Mendez
USR-1707
The Site Specific Development Plan and Special Use Permit is for a home business (parking of two
semi -trucks and trailers) 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)
All vehicles and trailers associated with this use shall be currently licensed. (Department of Planning
Services)
4. Outdoor storage shall be limited to two semi trucks and two trailers (tractor -trailers). (Department of
Planning Services)
5. Hours of operation (hours of trucks leaving and returning to the site) shall be limited to 7:00 AM to
6:00 PM Monday through Friday. (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.) 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. (Department of Public Health and Environment)
8. 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)
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. The facility shall adhere to the maximum permissible noise levels allowed in the (Commercial) Zone
Districts as delineated in Section 14-9-30, C.R.S. (Department of Public Health and Environment)
11. Adequate handwashing and toilet facilities shall be provided at all times. (Department of Public Health
and Environment)
12. The applicant shall operate in accordance with the approved "waste handling plan", 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
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)
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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.
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Kim Ogle, Planning Services, commented that Lafarge West, Inc. has asked for a continuance until November
3, 2009 so that they can address concerns from the Department of Public Works. Staff is asking for a
continuance of one month with anticipation that we may ask for another continuance until February of 2010.
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 read the following case into record.
CASE NUMBER: USR-1705
APPLICANT: Land Airport LLC (Lloyd Land)
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
extension or expansion of a non -conforming use (private airstrip/airport) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Parcel 1-5, located in the E2 of Section 31, T2N, R64W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to CR 16 and west of and adjacent to CR 51.
Chris Gathman, Planning Services, commented that staff is requesting a continuance of this case to address
legal notification requirements. He stated that he has talked to the applicant regarding the continuance and is
requesting a continuance to the November 3, 2009 Planning Commission meeting.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Case USR-1694 be continued to the December 1, 2009 Planning Commission
meeting and Cases USR-1657 and USR-1705 be continued to the November 3, 2009 Planning Commission
meeting, seconded by Roy Spitzer. Motion carried.
The Chair read the first case on the consent agenda.
CASE NUMBER: USR-1707
APPLICANT: Joel Mendez
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking of two semi -trucks and trailers) in the Agricultural Zone
Districts.
LEGAL DESCRIPTION: Lot A of RE -2176 being part of the W2 SW4 in Section 25, Ti N, R65W of the
6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 31 and approximately % mile north of CR 18.
Chris Gathman, Planning Services, stated that staff is in favor of this case remaining on the consent
agenda.
The Chair asked if the applicant was available and if they wish for this case to remain on the consent
agenda. The applicant indicated that they wish for this item to remain on consent.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: AmUSR-861
APPLICANT: Petro -Canada Resources (USA) Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for a Mineral Resource Development Facility including Oil and Gas Support
Services (upgrade of Lilli Plant) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: W2NE4NW4/SW4NW4/W2SW4/NW4NW4 of Section 4, T8N, R58W of the 6th
P.M., Weld County, Colorado.
EXHIBIT
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LOCATION: North of and adjacent to CR 96 and approximately 1 '/ miles west of CR 127.5.
Kim Ogle, Planning Services, stated that the applicant requested that this case remain on the consent
agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1712
APPLICANT: Petro -Canada Resources (USA) Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Mineral Resource Development Facility including Oil and Gas Support and
Services (equipment storage) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NW4NE4/E2NE4/SE4 of Section 5, TBN, R58W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to CR 96 and approximately 1 3/4 miles west of CR 127.5.
Kim Ogle, Planning Services, stated that the applicant requested that this case remain on the consent
agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1711
APPLICANT: Tri-State Generation & Transmission Association, Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major
Facility of a Public Utility (a double -circuit 230-KV Transmission Line extending
.55 miles) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: NE4 and NE4SE4 of Section 27, Ti N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1/4 mile North of CR 4 and approximately 1 mile (5,000 feet) East
of CR 31.
Chris Gathman, Planning Services, stated that staff would like for this case to remain on the consent
agenda.
The Chair asked if the applicant is available and if they wish for this item to remain on the consent
agenda. The applicant replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1710
APPLICANT: Tanner & Sarah Hill
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (up to 39 dogs of a non-specific breed to include doggie daycare and
boarding) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -1593 located in Part of the SW4 of Section 5, Ti N, R68W of the 6th
P.M., Weld County, Colorado.
LOCATION: Approximately 3/4 miles south of State Hwy 52 and east of and adjacent to CR
3.
Kim Ogle, Planning Services, stated that the applicant, Tanner Hill, wishes for this case to remain on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
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Roy Spitzer moved that Cases USR-1707, AmUSR-861, USR-1712, USR-1711, and USR-1710, 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 Erich Ehrlich. Motion carried
unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1709
APPLICANT: Suncor Energy Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
Oil and Gas Support Facility (Crude Oil Truck Unloading Facility) in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W of
the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 20 and East of State Hwy 85.
Lauren Light, Environmental Health, stated that previously to working with Weld County she worked at Tetra
Tech and had worked on the Suncor project. She said that she has no ties to that project now. The Chair
asked the applicant if they have any concerns with Ms. Light reviewing this case. The applicant indicated that
they had no concerns.
Chris Gathman, Planning Services, stated that the injection well facility will encompass approximately 6 acres
of the 37.3 acre property it is located on and will be located at the eastern end of the site adjacent to existing
oil and gas tank batteries.
The site is located to the east of three existing commercial/industrial/oil and gas use by special review permits.
SUP -359 (pump station facility) is located approximately 1,000 feet to the west of the site, USR-1459 (vehicle
sales and detailing) and USR-1227 (manufacturing facility) along with the Union Pacific Railroad are located
approximately 1,500 to 1,800 feet to the west of the site. An existing single-family residence is located
approximately 900 -feet to the west of the proposed site (across County Road 20). The proposed main access
to the facility will be located approximately 850 feet from the access to this single-family residence. Agricultural
land is located immediately to the north, south and east of the site. No phone calls or letters have been
received from surrounding property owners. However, there was a property owner who came in earlier today
with questions of hauling and asked if there would be any trucks that would be coming from the east on
County Road 20 versus coming from the west from Highway 85.
Fourteen Referrals were sent out and six referrals and comments were received in regards to this case.
Referral responses were not received from:
State of Colorado, Oil & Gas Conservation Commission
Weld County Code Compliance
Weld County Sheriffs Office
State of Colorado, Division of Wildlife
Weld County Ambulance Services
Platte Valley Fire Protection District
Union Pacific Railroad
Platteville Ditch
There are several Conditions of Approval and Development Standards attached to the staff report attempting
to address and mitigate concerns:
• A screening plan will need to be submitted and approved by the Department of Planning Services
prior to recording the plat.
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