HomeMy WebLinkAbout20090506.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-1678
Wayne Harsh
Michelle Martin
A Site Specific Development Plan and Use by Special Review Permit for 30
cargo containers in the A (Agricultural) Zone District.
Lot C of RE -3453 being part of Section 26, T3N, R65W of the 6th P.M., Weld
County, Colorado.
South of CR 30 and west of and adjacent to CR 47.
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 22-2.60.J A.Goal 10 Promote a quality environment which is free of unsightly
materials, including but not limited to, derelict vehicles, refuse and litter.
The applicant is utilizing the cargo containers for personal storage of vehicles, tools and
equipment. The cargo containers protect and screen these items from the weather, animals,
and vandals.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone Districts. Section 23-3-40.AA of the Weld County Code allows for a more than one
cargo container per legal lot or parcel in the Agricultural (A) Zone District. Currently the
property is in violation (ZCV08-00066) for the presence of multiple cargo containers without
an approved and recorded Use by Special Review permit (USR). If the USR is approved, the
violation will be closed. If denied, this case will proceed accordingly through the Weld County
Attorney's Office.
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, south, east and west are zoned Agricultural (A) and is
primarily utilized for single family homes and agricultural uses. There are several Use by
Special Reviews (USR) in the area including: USR-1420 for a single family home, USR-1276
for a Solid Waste Disposal Site, and USR-1614 for an oil and gas storage facility. The
property is not located with the three mile referral area for any municipality. Therefore given
the minimal impact of the proposed use (30 cargo containers for personal storage) the use
will be compatible with the surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future mop
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 or within three miles
of a municipality. The surrounding area is Agricultural in nature with several Use by Special
Reviews in the area (USR-1420 for a single family home, USR-1276 for a Solid Waste
2009-0506
Resolution USR-1678
Wayne Harsh
Page 2
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Disposal Site, and USR-1614 for an oil and gas storage facility). 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 and the Capital Expansion
Impact Fee but not in 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 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.
The subject site is primarily classified as "Other" land as delineated on the Important
Farmlands of Weld County map, dated 1979. This size of the USR boundary (8.28 acres) is
currently developed and therefore, is not conducive to agricultural uses.
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.
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1678. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. County Road 47 is a Section line. The applicant shall verify and delineate on the plat
the right-of-way and the documents creating the right-of-way. (Department of Public
Works)
D. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
E. The applicant shall delineate the drainage / no build grassy area to the East of the
containers by an easement on the plat. (Department of Public Works)
2. The applicant shall address the requirements (concerns) of Weld County Building Department, as
stated in the referral response dated 11/24/08. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Weld County Building Department)
3. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators
stipulating that the oil and gas activities have been adequately incorporated into the design of the site
or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes can be delineated on the plat in accordance with the State
Resolution USR-1678
Wayne Harsh
Page 3
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requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible
future drilling sites. (Department of Planning Services)
4. All vehicles located on the property must be operational with current license plates, or be screened
from all adjacent properties and public rights of way, or be removed from the property. All other items
considered to be part of a noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights -of -way. Evidence shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
5. Upon completion of 1 through 4 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 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)
6. 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)
7. 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 mapsco.weld.co.us. (Department of Planning Services)
8. 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
Robert Grand
Bill Hall
Tom Holton
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
Against Passage Absent
Doug Ochsner
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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Resolution USR-1678
Wayne Harsh
Page 4
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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 February 17, 2009.
Dated the 17th of February, 2009.
&46,42
W%u
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HARSH
USR-1678
1. A Site Specific Development Plan and Special Review Permit for more than one (1) cargo container
per legal lot or parcel (30 cargo containers) 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. No employees are permitted. (Department of Planning Services)
4. The cargo containers, vehicles, and all equipment shall be utilized for personal use only. The cargo
containers shall not be stacked. (Department of Planning Services)
5. A building permit will be required for the placement and relocation of any cargo container.
(Department of Building Inspection)
6. 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 Pubic
Health and Environment
7. 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.
8. 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)
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. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in Section 14-9-30 of the Weld County Code, as amended. (Department of Public Health
and Environment)
12. 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)
13. 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)
14. 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)
15. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
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Resolution USR-1678
Wayne Harsh
Page 6
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
18. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13
of the Weld County Code do not need building permits, however, a Certificate of Compliance must be
filed with the Planning Department and an electrical and/or plumbing permit is required for any
electrical service to the building or water for watering or washing of livestock or poultry. (Department
of Building Inspection)
19. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. (Department of Building Inspection)
20. All building plans shall be submitted to Platteville/Gilcrest Fire Protection District for review and
approval prior to issue of Building Permits. (Department of Building Inspection)
21. 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)
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.
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.
25. 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
Resolution USR-1678
Wayne Harsh
Page 7
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
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, sand burs, 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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Tuesday, February 17, 2009
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Tom
Holton, at 1:30 p.m.
ROLL CALL
Tom Holton
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
ABSENT
Doug Ochsner
Also Present: Michelle Martin, Tom Honn, Kim Ogle, Jacqueline Hatch, Department of Planning Services;
Cyndy Giaudlue (via phone), County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the February 3, 2009 Weld County Planning Commission minutes, seconded
by Erich Ehrlich. Motion carried.
The Chair read the case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOdATION:
USR-1678
Wayne Harsh
Michelle Martin
A Site Specific Development Plan and Use by Special Review Permit for 30
cargo containers in the A (Agricultural) Zone District.
Lot C of RE -3453 being part of Section 26, T3N, R65W of the 6th P.M., Weld
County, Colorado.
South of CR 30 and west of and adjacent to CR 47.
The Chair asked Ms. Martin if she wished for this case to remain on consent. Ms. Martin 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.
Robert Grand moved that Case USR-1678 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.
The Chair asked the Planning Commission members if there was any new business to discuss.
Tom Honn,planning Director, mentioned that in some preliminary conversations within our Department and
also with C mmissioner Rademacher we are looking to reduce the Planning Commission meetings to one
time per month. He believed that it will be probably be advisable to trim down to one meeting a month for the
Planning Commission given what we are projecting for case load. If it is determined to have one meeting per
month all of the meetings will be in Greeley.
Commissioner Holton asked if they had considered splitting the meetings from the north and south office. Mr.
Honn said that it make is more efficient for other staff who attend the meetings, such as Public Works and the
Health Department to have it in Greeley.
Mr. Honn commented that given the budget issues and the volume it makes sense to have one meeting per
month. He added that it would also be beneficial for the Planning Commissioners who volunteer their time.
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