HomeMy WebLinkAbout20092368.tiffBEFORE 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR-1691
Marcos Sanchez
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (recreational vehicle storage) in
the A (Agricultural) Zone District.
Part NW4SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County,
Colorado. j3
East of and adjacent to CR Sand approximately % mile south of State Hwy
34.
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 22-2-40 E. UD.Goal 5. states: "The
County and municipalities should strive to coordinate urban land use planning in cooperative
planning areas, including such items as development policies and standards, zoning, street
and highway construction, open space, public infrastructure and other matters associated
with urban development. areas for uses that require services on an urban scale."
The site is located adjacent to municipal boundaries of and within the Urban Growth
Boundaries of the City of Evans and the City of Greeley. The Weld County Department of
Planning Services has attached a condition of approval requiring the applicant to address the
screening and landscaping requirements of the City of Evans and also connect to City of
Evans sewer.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.1 of the Weld County Code provides for Uses by Right,
Accessory Uses, or a Uses by Special Review in the Commercial or Industrial Zone Districts
(recreational vehicle storage) 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 use borders two residential subdivisions located within the City of
Greeley and the City of Evans to the north and to the east. A vacant parcel is located
immediately to the north of the site and single-family residences are located immediately to
the east of the site. A single-family residence is located across 47th Avenue. Two existing Use
by Special Review Permits for storage of recreational vehicles and a daycare facility
(approved under USR-988 in 1993) and a kennel facility(approved under USR-1080 in 1995)
are located on the two properties immediately to the south of the site. A Landscaping and
Screening Plan along with a Lighting Plan are conditions of approval for this application.
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.
EXHIBIT
B
2009-2368
Resolution USR-1691
Marcos Sanchez
Page 2
This site is located within the urban growth boundary of the City of Greeley and the City of
Evans. The City of Greeley, in their referral received March 11, 2009, stated that the subject
site is located within the City of Evans Long Term Growth Area and that any development
should be completed within the City of Evans, or constructed in accordance with the City of
Evan's development standards. The City of Greeley also requested additional information
regarding the retention pond, the number of daily trips and the maximum number of RVs to
be stored on site.
The City of Evans, in their referral received March 31, 2009, indicated the proper method for
the development of the property was through annexation to the City of Evans and approval of
a Use by Special Review by the City of Evans. The City of Evans requested the following
conditions should this proposal be approved: 1) provide a 10 -foot landscaped buffer along the
eastern property line to screen from the existing residential subdivision to the east consisting
of one (1) tree and five (5) shrubs per 500 square feet of area plus groundcover; 2) Provide
and maintain a 6 -foot high privacy fence along the east property line; and 3) Connect to City
of Evans sewer. A subsequent e-mail from the City of Evans received April 30, 2009 stated
that the site is located 150 -feet from the nearest sewer connection. The Department of
Planning Services has attached a condition of approval requiring the applicant to address the
requirements/requests of the City of Greeley and City of Evans.
E. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld County Code.
The site is not located within any overlay districts.
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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 proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
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. Section 22-2-20.G2 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."
The site is only 2 acres in size and is surrounded on three (3) sides by the City of Greeley
and City of Evans which limits its feasibility to be used for farming operations.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Conditions of Approval outlined below are the remaining items that still need to be addressed.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
Resolution USR-1691
Marcos Sanchez
Page 3
2. County Road 33 (47th Avenue) is designated on the Weld County Road Classification
Plan as an arterial roadway. There is presently 60 feet of right-of-way. An additional
35 feet (for a total of 65 -feet from centerline) shall be delineated on the plat as future
471h Avenue right-of-way to match the right-of-way widths of the City of Greeley and
City of Evans. This shall be designated on the plat as the edge of future right-of-way.
All setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. This road is maintained by
the City of Evans. (Department of Public Works)
3. The approved Landscaping and Screening Plan. (Department of Planning
Services)
Place the parking layout for all RVs, boats, and trailers indicating circulation
throughout the RV storage area with adequate turning radiuses to negotiate larger
vehicles. (Department of Public Works)
5. The approved lighting plan. (Department of Planning Services)
6. The plat shall be labeled USR-1691. (Department of Planning Services)
The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. Evidence of Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
C. If the domestic well will be utilized for the business, the applicant shall submit evidence from
the Colorado Division of Water Resources, demonstrating that the well is appropriately
permitted for the commercial use. Evidence of such shall be submitted to the Departments of
Public Health and Environment and Planning Services. (Department of Public Health and
Environment)
D. If the existing City of Greeley water tap is to be utilized for the business, evidence of approval
by the City of Greeley for this use shall be provided to the Department of Planning Services.
(Department of Planning Services)
E. In the event the applicant intends to utilize the existing septic system at the home, for
business use, the septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the 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 Department of Public Health and Environment approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
F. 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).
Resolution USR-1691
Marcos Sanchez
Page 4
Evidence of Department of Public Health and Environment approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
G. The applicant shall attempt to address the requirements of the City of Greeley as outlined in
their referral received March 11, 2009. Written Evidence of such shall be provided to the
Department of Planning Services. (City of Greeley)
H. The applicant shall address the requirements/conditions of the City of Evans as stated in their
referral received March 31, 2009, with the exception of condition #3. Written evidence of such
shall be provided to the Department of Planning Services. (Department of Planning Services)
The applicant shall address the requirements of the Department of Public Works as outlined
in their referral received February 27, 2009. Written evidence of such shall be provided to the
Department of Planning Services. (Department of Public Works)
J. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the
Department of Planning Services for review and approval. The lighting plan shall adhere to
the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld
County Code and shall adhere to the lighting standards, in accordance with Section 23-3-
360.F and Section 23-2-250.D of the Weld County Code. Further, the approved Lighting Plan
shall be delineated on the plat. (Department of Planning Services)
K. The applicant shall enter into a (Private) Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all required materials.
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. (Department of Planning
Services)
L. 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. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Use by Special Review Permit was
approved by the Board of County Commissioners a $50.00 recording continuance charge may be
added for each additional 3 month period.
4. 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)
5. Prior to the start of any construction, building and/or site alterations, or change of occupancy to
existing buildings:
A. A building permit application must be completed and two sets of complete plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
State of Colorado engineer shall be required. (Department of Building Inspection)
Resolution USR-1691
Marcos Sanchez
Page 5
B. A plan review shall be approved and a permit must be issued prior to the start of
construction.
C. A letter from the Union Colony Fire/Rescue Authority shall be provided indicating whether or
not a fire district permit is required. (Department of Building Inspection)
D. The applicant shall enter into a (Private) Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all required materials.
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. (Department of Planning
Services)
6. 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 Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Erich Ehrlich
Mark Lawley
Nick Berryman
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
Doug Ochsner
Roy Spitzer
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 August 4, 2009.
Dated the 4th of August, 2009.
•
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Marcos Sanchez
USR-1691
1. The Site Specific Development Plan and Special Use Permit is for a use permitted as a Use by Right,
An Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(Recreational Vehicle Storage ranging from smaller boats and trailers to larger RVs) in the A
(Agricultural) Zone District and is 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. One full-time employee (office manager) is to be onsite. (Department of Planning Services)
5. Hours of operation for the onsite office shall be from 8-4 PM. The recreational vehicle storage lot shall
be open 24 -hours with a keyed access gate. (Department of Planning Services)
6. Any liquid or solid wastes (as defined in the Solid Waste Disposal Sites and Facilities Act, Title 30,
Article 20, part 1, 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)
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7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
comply with their approved fugitive dust control plan. (Department of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
9. 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)
10. 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)
11. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
12. Adequate handwashing and toilet facilities shall be provided for patrons of the facility, at all times.
(Department of Public Health and Environment)
13. Sewage disposal shall be by septic system. Any septic system located on the property must comply
with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems.
(Department of Public Health and Environment)
14. There shall be no disposal of sewage or any waste water at this facility. (Department of Planning
Services)
• 15. The facility shall utilize the existing public water supply (City of Greeley) or an appropriately permitted
individual well. (Department of Public Health and Environment)
Resolution USR-1691
Marcos Sanchez
Page 7
16. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works)
17. Prior to the start of any construction, alterations, or change of occupancy to existing buildings:
A. A building permit application must be completed and two sets of complete plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
State of Colorado engineer shall be required. (Department of Building Inspection)
B. A plan review shall be approved and a permit must be issued prior to the start of
construction.
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C. A letter from the Union Colony Fire/Rescue Authority shall be provided indicating whether or
not a fire district permit is required. (Department of Building Inspection)
18. 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)
19. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
20. The landscaping on site shall be maintained in accordance with the approved Landscape & Screening
Plan. (Department of Planning Services)
21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
24. 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.
25. 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.
26. 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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LEGAL DESCRIPTION
LOCATION:
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (dog agility and dog obedience training
for 35 dogs) and a Kennel for five (5) dogs in the A (Agricultural) Zone District.
Lot A of RE -1796 being part of the W2 of Section 27, T2N, R67W of the 6th
P.M., Weld County, Colorado.
East of and adjacent to CR 19 and south of CR 18.
Michelle Martin, Planning Services, stated that she has spoken with the applicants and they wish for this
item 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
one wished to speak.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
No
USR-1698
Matthew & Kristina Green
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit for a child
care center (daycare up to 12 children) in the A (Agricultural) Zone District,
Lot A RE -3524 located in Part of the SW4 of Section 16, T6N, R66W of the 6th
P.M., Weld County, Colorado.
North of and adjacent to State Highway 392 and approximately % miles east of
CR 29.
Kim Ogle, Planning Services, stated that the applicants wish 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.
Robert Grand moved to approve the Consent Agenda which includes cases USR-1698 and USR-1699 and
that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and
Development Standards with the Planning Commission's recommendation of approval, seconded by Bill Hall.
Motion carried.
EXHIBIT
The Chair read the following case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR-1691
Marcos Sanchez
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (recreational vehicle storage) in the A
(Agricultural) Zone District.
Part NW4SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County,
Colorado.
East of and adjacent to CR 35 and approximately 1/2 mile south of State Hwy 34.
C
US'e tk-tkeei
Chris Gathman, Planning Services, stated that this application is for a recreational vehicle storage ranging
from small boats and trailers to larger RVs.
The storage area is located in the eastern half of the parcel. The proposed keyed/gated entry to the site would
allow for 24 hour availability for customer access. An on -site manager will be on the property and will be
staying in the existing single family residence.
The site is currently in violation (ZCV-08-00223). If this Use by Special Review application is approved
and the plat is recorded the property will be in compliance. If approved, this will correct the violation. If
denied, the violation case will proceed accordingly through a violation hearing and possibly district court
The use borders two residential subdivisions located within the City of Greeley and the City of Evans to the
north and to the east. A vacant parcel is located immediately to the north of the site and single-family
residences are located immediately to the east of the site. A single-family residence is located across 47th
Avenue. Two existing Use by Special Review Permits for storage of recreational vehicles and a daycare
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facility (approved under USR-988 in 1993) and a kennel facility (approved under USR-1080 in 1995) are
located on the two properties immediately to the south of the site.
Development Standards and Conditions of Approval will ensure compatibility with existing surrounding
land uses. Attached conditions of approval require landscaping and screening of the storage area along
with a lighting plan to verify and ensure that impacts upon adjacent properties due to lighting are mitigated.
Eleven referrals were sent out. Eleven Referrals were received and either indicated no concerns or are
addressed through development standards and conditions of approval.
The applicant has indicated that they have an existing City of Greeley water tap which serves the existing
residence on the property along with a domestic well. The Division of Water Resources has indicated that
they can find no record of a well permit and that expansion of use of any well located on the property
would typically require an augmentation plan to be submitted and approved.
No letters from surrounding property owners were received. One phone message was left regarding
questions on the details of the proposal, however no return phone number was provided in the message.
This site is located within the urban growth boundary of the City of Greeley and the City of Evans. The City
of Greeley, in their referral received March 11, 2009, stated that the subject site is located within the City
of Evans Long Term Growth Area and that any development should be completed within the City of
Evans, or constructed in accordance with the City of Evan's development standards. The City of Greeley
also requested additional information regarding the retention pond, the number of daily trips and the
maximum number of RVs to be stored on site.
The City of Evans, in their referral received March 31, 2009, indicated the proper method for the
development of the property was through annexation to the City of Evans and approval of a Use by
Special Review by the City of Evans. The City of Evans requested the following conditions should this
proposal be approved: 1) provide a 10 -foot landscaped buffer along the eastern property line to screen
from the existing residential subdivision to the east consisting of one (1) tree and five (5) shrubs per 500
square feet of area plus groundcover; 2) Provide and maintain a 6 -foot high privacy fence along the east
property line; and 3) Connect to City of Evans sewer. A subsequent e-mail from the City of Evans received
April 30, 2009 stated that the site is located 150 feet from the nearest sewer connection. It is a policy of
the Weld County Environmental Health Department to require connection to public sewer if a septic
system needs to be upgraded, replaced, or a new system installed. Because of the location of the parcel
bordered by the City of Greeley and City of Evans on two sides and the fact that the City of Evans has also
annexed the right-of-way for 47th Avenue adjacent to this site, the Department of Planning Services has
attached a condition of approval requiring the applicant to address the requirements and requests of the
City of Greeley and City of Evans.
Mr. Gathman commented that Lauren Light passed out a memo and map which outlines the sewer issue
as this is a similar case to the last hearing.
Lauren Light, Environmental Health, stated that potable water to the site will be from a commercial well if
they re -permit it or from the City of Greeley. She added that it states in the conditions of approval prior to
recording the plat, the applicant needs to provide proof of what they will use for the commercial aspect of
the business.
Ms. Light stated that there will not be a RV wash site or dump site. Staff is requesting a Dust Abatement
and Waste Handling Plan.
There is an existing septic system for the house located on the property. This system was sized for two
bedrooms or four people; therefore if they use that septic system an engineer will need to evaluate it for
the employees and customers coming to the site.
The memo which was handed out is similar to what happened at the last hearing in July. The map
attached is from the City of Evans and the red lines indicate how far the sewer line is from the property
line. The map shows that it is 150 feet from the property line, but from the structure on the property it is
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over 400 feet. Ms. Light added that she attached to the memo the Weld County Regulations regarding the
400 foot rule as well as the State Regulations. Ms. Light deferred to the County Attorney for any further
guidance.
Commissioner Holton commented that at the last meeting the Planning Commissioners determined that
the distance is measured from the structure and not the property line.
Don Dunker, Public Works, commented that County Road 33 or 47th Avenue is designated as an arterial
roadway. The City of Greeley is identifying it as 130 foot of right-of-way and it appears that the City of
Evans has a similar requirement. The County does not have any current traffic counts on the roadway
since the City of Evans and Greeley have annexed all the roadways around the site.
Access is off of County Road 33 or 47th Avenue. The applicant will make improvements to the access by
extending the culvert under the drive and increasing the width and radii. The County's minimum turning
radius for these types of vehicles is 40 feet. The applicant will need to demonstrate the turning radii are
adequate in their design. The applicant shall show the parking layout for the RV, boat and trailer parking
and indicate the traffic onsite circulation.
A water quality capture feature is proposed at the southeast corner of the property. This site is not located
in a FEMA 100 -year regulated floodplain.
Commissioner Holton asked to clarify if Weld County is requiring the same right-of-way as the City of
Greeley and the City of Evans. Mr. Dunker replied yes and added that they are asking for an additional 35
feet.
The Chair asked the applicant if he wishes to make a presentation.
Mark Taylor, Freeze Engineering, commented that he has some information on the sewer system which
they want to tie into. They have received a conceptual bid for using the short route of 150 feet. Mr. Taylor
handed out the bid to the Planning Commissioners.
Mr. Taylor said that the conceptual bid of using the shortest route of 150 feet is $42,000. He added that
they can't guarantee the system would work because it is a 6 -inch pipe and the amount of flow from the
septic system wouldn't be enough to cleanse the pipe. They have explored other routes and indicated that
none of them are cheap. He said that going down 471" Avenue would be the most economical way and
also the way that more people could tie into that system as their septic fields fail. He stated that the
amount would be about the same.
Commissioner Holton clarified that the 150 feet is from the property line. Mr. Taylor stated that the 150
feet is from the property line and not the structure. He added that the bid covers from the house to the
manhole in the cul de sac. Ms. Light added that is approximately 493 feet to the structure.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Sheryl Trent, City of Evans, 1100 37th St, Evans CO. Ms. Trent wished to share the City of Evan's thoughts
regarding developments like this. She said that they are neither for nor against the development as they are
happy to have a business try to locate and expand in the area.
The issue is that as the City of Evans continues to grow within Weld County sometimes their development
standards conflict to the point where a situation is created long term for both the city and the eventual
residents of the City.
This site is in their long term growth area. They have an adopted intergovernmental agreement with the City
of Greeley where this will annex to Evans and not to Greeley in the future. Ms. Trent added that they realize
that this will shortly become part of the City of Evans.
Ms. Trent thanked the Planning Commission and staff for suggesting that the applicant follow some of the
standards that the City of Evans has. One of the biggest issues is water and sewer and as was mentioned it is
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due to the cost. She said that they suggested to Mr. Sanchez that he may want to consider annexing into the
City of Evans and after a brief discussion he declined the opportunity mostly as a result of the costs. Ms.
Trent commented that the City of Evans does not have any plans to put sewer down 47`" Avenue in the near
future. However they are willing to wait, should Mr. Sanchez want to annex, for a suitable period of time prior
to requiring that from the applicant and to sign a reimbursement agreement which is a standard development
issue. They are not interested in forcing any type of annexation; they just want to make sure that when they
do annex it in the short term future that they don't create a new problem because the applicant will then need
to conform to their standards should anything new happen on that property. Should the Planning Commission
decide to approve this application the long term consequences for the City of Evans would be more
detrimental than positive in their opinion.
Commissioner Hall commented that according to the map there are two storage areas already. He asked how
the City of Evans finds that this would be different than what is already there. Ms. Trent said that those RV
storage areas are in Weld County and thinks that the City has a different approach to land use and a different
vision for how they want these major arterial corridors to develop. This is very close to some major residential
development. If we could go back in time and that would have been in the City of Evans she doesn't know if
the City would have approved an RV storage park in the place it is currently. She added that they have
concerns of a new one going in.
Commissioner Ehrlich asked if there are any difficulties crossing properties to install the sewer line. Mr.
Gathman commented that there is a utility easement between the applicant's property and the subdivision
located in Evans which would allow the sewer line to be installed.
Mr. Gathman noted Condition of Approval 1.H on page 6 and indicated that one of the conditions from the City
of Evans was that the applicant shall be required to connect to the City of Evans sewer line. At the time the
letter was written it said it was approximately 710 feet south of the property line. He asked if Planning
Commission remains comfortable with that or if it should be amended.
Commissioner Holton said it should be amended because the Planning Commission's intent is hook up to the
line only if the structure is within 400 feet from the sewer main.
Mr. Gathman recommended that the phrase "with the exception of condition #3" be inserted into Condition of
Approval 1.H.
The Chair asked the applicant if he has read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR-1691 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 Bill Hall.
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; Mark Lawley, yes; Roy Spitzer, absent;
Tom Holton, yes; Doug Ochsner, absent. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1702
APPLICANT: Tri-State Generation and Transmission
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major
Facility of a Public Utility (expansion of an existing substation and 185 foot
communication tower) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B of RE -4852 being part of NW4 of Section 25, TIN, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to CR 6 and approximately 1/4 mile east of CR 11.
The Chair commented that because this is a major facility of a public utility the Planning Commission has
the final vote.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 2, 2009
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, Doug Ochsner, at 1:30 p.m.
ROLL CALL
Doug Ochsner
Tom Holton
Nick Berryman
Robert Grand
Bill Hall
Mark Lawley
ABSENT
Paul Branham
Erich Ehrlich
Roy Spitzer
Also Present: Kim Ogle, Chris Gathman, and Brad Mueller, and Tom Honn, Department of Planning Services;
Don Carroll, Don Dunker, and Clay Kimmi, Department of Public Works; Lauren Light, Department of Health;
Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the May 5, 2009 Weld County Planning Commission minutes, seconded by
Bill Hall. Motion carried.
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The Chair read the first case into record.
CASE NUMBER: USR-1694
APPLICANT: Keith Thoene
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Use Permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts (storage of construction
materials - steel doors and frames) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B RE -3050 being part of E2 NE4 in Section 25, T1 N, R65W of the 6th
P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 49 and south of and adjacent to CR 6.
Chris Gathman, Planning Services, stated that the applicant is requesting a continuance of this case.
Staff is recommending that the case be continued to July 7, 2009. Mr. Gathman commented that the
applicant is out of town and added that there are some discussions that will need to take place between
the Planning Department and the applicant in regard to the nature of his application and how he would like
to proceed with his application.
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 to continue USR-1694 to the July 7, 2009 Planning Commission meeting, seconded
by Mark Lawley. Motion carried.
The Chair read the following case into record.
CASE NUMBER: USR-1691
APPLICANT: Marcos Sanchez
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (recreational vehicle storage) in
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LEGAL DESCRIPTION
LOCATION:
the A (Agricultural) Zone District.
Part NW4SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County,
Colorado.
East of and adjacent to CR 35 and approximately % mile south of State Hwy
34.
Chris Gathman, Planning Services, commented that staff just received a letter from the applicant's
consultant requesting a continuance as they are exploring annexation into the City of Evans. Staff is
recommending that this case be continued to the August 4, 2009 meeting to allow them sufficient time to
discuss that issue and come to some arrangement.
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-1691 be continued to the August 4, 2009 Planning Commission meeting,
seconded by Nick Berryman. Motion carried unanimously.
The Chair read the first case on the consent agenda into record.
CASE NUMBER: AmUSR-954
APPLICANT: Colorado Engineering Experiment Station, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Permit and an Amended Use by Special Review
Permit for an expansion of a Non -Conforming Use (flow metering facility) in
the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1 mile north of CR 108 and west of and adjacent to CR 37.
Kim Ogle, Planning Services, stated that the applicant wished for this case to remain on consent and
added that the applicant has agreed to these terms.
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 Planning Commissioners if they wish to hear this case. No one wished to speak.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
AmUSR-1105
Kelly & Anna Berndt
Chris Gathman
A Site Specific Development Plan and Amended Use by Special Review
Permit for the expansion of a shotgun shooting and sporting club to include
rifle and pistol shooting ranges, archery ranges, and outdoor lighting; to move
and expand the existing clubhouse (including food service facilities); and add
RV parking and hookups, in the A (Agricultural) Zone District.
Lot D of RE -4466, located in the NW4 of Section 11, T8N, R66W and the W2
NE4 of Section 11, T8N, R66W of the 6th P.M., Weld County, Colorado.
South of and adjacent to CR 96 and approximately 650 feet east of CR 33.
The Chair asked Mr. Gathman if he wishes for this case to remain on consent. Chris Gathman, Planning
Services, stated that they wish for this case to remain on consent. He commented that there is a
representative from Anadarko here who may wish to make a statement. He said that staff has received
letters from Anadarko and added that there is a condition of approval requiring an oil and gas agreement
prior to recording the plat.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
David Bell, Anadarko Petroleum Corporation, stated that he is attending the hearing on behalf of Anadarko
Land Corp and Anadarko ENP Company with respect to the application for the amendment to the use. Mr.
Bell commented that the Anadarko entities own all minerals that underline the property. They have submitted
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The Chair read the next case into record.
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CASE NUMBER: USR-1691
APPLICANT: Marcos Sanchez
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (recreational vehicle storage) in
the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part NW4SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to CR 35 and approximately 1/2 mile south of State Hwy
34.
Chris Gathman, Planning Services, stated that the applicant is requesting to continue this application to the
June 2, 2009 meeting in order to address the 30 day mineral notification requirements per State Statute. He
added that the applicant has already submitted the notifications for the June 2, 2009 hearing so he can make
that 30 day timeline. Staff is in support of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Paul Branham moved that Case USR-1691 be continued to the June 2, 2009 Planning Commission meeting,
seconded by Mark Lawley. Motion carried unanimously.
The Chair commented that there has been a change to the agenda in that USR-1684 is requesting a
continuance. He read the case into record.
CASE NUMBER: USR-1684
APPLICANT: Zapien Brothers Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District (Parking and Storage for a Concrete
Company) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part NE4 Section 25, T1N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Grace Av, North and South of Frederick Street;
Townsite of Wattenburg.
Kim Ogle, Planning Services, commented that the applicant has forgotten that he had a hearing today and
is out of town. Therefore he has requested a continuance to the June 2, 2009 hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Tom Holton moved that Case USR-1684 be continued to the June 2, 2009 Planning Commission meeting,
seconded by Erich Ehrlich. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1689
APPLICANT: Timothy Gonzales
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (24 dogs used to selectively breed and train registered sporting dogs)
in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -2029; Pt S2SW4 of Section 21, T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 18; approximately 1/2 mile west of CR 31.
Kim Ogle, Planning Services, requested that this item remain on the consent agenda.
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