HomeMy WebLinkAbout20083028.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley,that the following resolution be introduced for passage by the Weld County Planning
•
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1659
APPLICANT: DeRoy&Cathy Turley
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review for one(1)Single-
Family Dwelling Unit Per Lot other than those permitted under Section 23-3-20.A
(Section 23-3-40.L)and any use permitted as a Use by Right,An Accessory
Use,or a Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions(Section 23-3-40.R)(Tank Repair,Agricultural Millwork
and a second single family dwelling unit).
LEGAL DESCRIPTION: SE4 NE4 Section 22,T6N, R62W of the 6th P.M.,Weld County, Colorado.
LOCATION: Approximately 1/2 mile south of CR 68; East of and adjacent to CR 79.75.
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.D A.Goal.4 states
"Conversion of agricultural land to nonurban residential, commercial and industrial uses
will be accommodated when the subject site is in an area that can support such
• development. Such development shall attempt to be compatible with the region." The
parcel is 40 acres in size and is located on dryland native grasses. The facility has been
located at this location for several years and encompasses approximately 5 acres of the
entire property. The attached Development Standards and Conditions of Approval ensure
that this development will be compatible with the surrounding area.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-20.A(Section 23-3-40.L, the addition of a second
single family residence) and any use permitted as a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial zone districts, provided that the
property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions (Section 23-3-40.R)
(Tank Repair, Agricultural Millwork and a second single family dwelling unit) in the A
(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is located in rural Weld County. To the West and
South are single family residences on similar sized tracts of land; to the North and East
are larger tracts of rangeland—native vegetated tracts of land. The attached
Development Standards and Conditions of Approval will ensure that the use is compatible
with the existing surrounding land uses.The Department of Planning Services is requiring
a Screening Plan be submitted as a condition of approval.
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. There are no municipalities within three (3) miles of this
proposed use.
2008-3028
Resolution USR-1659
DeRoy&Cathy Turley
Page 2
E. The property is not located within an urban growth boundary or an Inter-governmental
• Agreement Area. Section 23-2-220.A.5--The application complies with Section 23-5 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.6--The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The property is 40
acres in size of which 5 acres holds the DeRoy and Cathy Turley residence, the second
residence, an office and a shop building. Future plans, date uncertain, identify a 60 foot
by 40 foot shop building with a 20 x 60 foot lean to for hay storage. The property is not
considered to be viable for row crop farming and is more suitable for rangeland as there is
not irrigation water attached to this parcel.
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 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. All sheets of the plat shall be labeled USR-1659. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The approved Screening Plan. (Department of Planning Services)
4. County Roads 79.75 and 68 are designated on the Weld County Road Classification
Plan as local gravel roads,which require 60 feet of right-of-way at full build out.The
applicant shall verify the existing right-of-way and the documents creating the right-
of-way. All setbacks shall be measured from the edge of future right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. These roads are maintained by
Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning
(23-1-90), the required setback is measured from the future right-of-way line.
(Department of Public Works)
B. The applicant shall submit a dust abatement plan, to address vehicle traffic concerns, for
review and approval, to the Environmental Health Services, Weld County Department of
Public Health & Environment. Written evidence of Department of Public Health and
Environment approval shall be provided to the Department of Planning Services.
(Department of Public Health & Environment)
•
Resolution USR-1659
DeRoy&Cathy Turley
Page 3
C. 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 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)
* Evidence of Department of Public Health and Environment approval shall be submitted
to the Department of Planning Services. (Department of Public Health & Environment)
D. The applicant shall submit evidence to the Department of Planning Services and the
Environmental Health Department, from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for the business and for a second
residence. Evidence of Colorado Division of Water Resources approval shall be
submitted to the Department of Planning Services. (Department of Public Health &
Environment)
E. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. According to our records the
existing septic system permitted as G19732642 was never finaled. A statement of
existing and an I.S.D.S. evaluation is required. In the event the system is found to be
inadequate, the system must be brought into compliance with current I.S.D.S. regulations.
Written evidence of Department of Public Health and Environment approval shall be
• provided to the Department of Planning Services. (Department of Public Health &
Environment)
F. The applicant shall submit written evidence from the Department of Building Inspection
that all structures associated with the business are in compliance with the 2006
International Building code, and the 2005 National Electric Code as amended.
(Department of Building Inspection)
G. The applicant shall address the requirements of the Department of Public Works as
stated in their referral dated June 23, 2008. Written evidence of such shall be provided to
the Department of Planning Services. (Department of Public Works)
H. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required improvements.
The improvements agreement will not be needed if the necessary improvements are done
to the satisfaction of the Department of Public Works and the Department of Planning
Services. (Department of Planning Services)
The applicant shall submit two(2) 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 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)
Resolution USR-1659
DeRoy&Cathy Turley
Page 4
3. The Department of Planning Services respectively requests the applicant 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 maps(a�co.weld.co.us. (Department of Planning Services)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
Motion seconded by Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
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.
•
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 November 4, 2008.
Dated the
4th of November, 2008.
/ , , n
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John &Cathy Turley
USR-1659
•
1. The Site Specific Development Plan and Use by Special Review for one(1)Single-Family Dwelling
Unit Per Lot other than those permitted under Section 23-3-20.A(Section 23-3-40.L,the addition of a
second single family residence) and any use permitted as a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial zone districts, (Section 23-3-40.R) (Tank
Repair, Agricultural Millwork and a second single family dwelling unit) 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. Hours of operation for the office shall be 7AM until 5PM, Monday through Friday with all other non-
office activities associated with the business occurring during daylight hours. (Department of
Planning Services)
4. Employees shall be limited to five persons. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
• 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
8. The facility shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
9. The facility shall be operated in accordance with the approved "dust abatement plan" at all times.
(Department of Public Health and Environment)
10. Any vehicle washing area(s)shall capture all effluent and prevent discharges in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. (Department of Public Health and Environment)
11. 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)
12. Adequate handwashing & toilet facilities shall be provided for the employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
13. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
14. A permanent, adequate water supply shall be provided for drinking purposes. (Department of Public
• Health and Environment)
Resolution USR-1659
DeRoy&Cathy Turley
Page 6
• 15. This application is proposing a well as its source of water. The applicant should be made aware
that while they may be able to obtain a well permit from the Office of the State Engineer, Division
of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e.
commercial use only, etc. Also, the applicant should be made aware that groundwater may not
meet all drinking water standards as defined by the Colorado Department of Public Health and
Environment. We strongly encourage the applicant to test their drinking water prior to
consumption and periodically test it over time. (Department of Public Health and Environment)
16. Building permits shall be obtained prior to the construction of any new building. Buildings may
require an engineered foundation based on a site-specific geotechnical report or an open hole
inspection performed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
17. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. (Department of Building Inspection)
18. A plan review must be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
19. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of
Building Inspection)
20. The 2006 International Building, Residential, Plumbing, Mechanical, Fuel Gas Codes, the 2005
National Electrical Code (adopting 2008 NEC &2006 International Energy Conservation Code
July 2008) and Chapter 23 of the Weld County Code are being enforced, as amended.
(Department of Building Inspection)
• 21. A letter of approval from the Briggsdale Fire Protection District shall be provided to the
Department of Building Inspection prior to applying for any building permits. (Department of
Building Inspection)
22. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
23. 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)
24. The applicant must take into consideration storm water quantity capture and provide accordingly for
best management practices. (Department of Public Works)
25. Both approaches from County Road 39.75 shall be graded and drained to provide an all-weather
access to the site. (Department of Public Works)
26. The applicant is showing a bermed water quality capture feature on the property, which meets the
Department of Public Works requirements. (Department of Public Works)
27. 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 Public Works)
28. The parking and storage area for equipment and outdoor storage tanks shall be surfaced with gravel
• or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
Resolution USR-1659
DeRoy&Cathy Turley
Page 7
29. The property owner or operator shall be responsible for complying with the Design Standards of
• Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
31. 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.
32. 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 & Environment)
33. 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.
34. 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.
•
•
11-1I- c7
LOCATION: West of and adjacent to 59th Ave and approximately 1/4 mile south of O Street.
• The Chair asked Mr.Gathman if he wishes for this case to remain on consent. Mr.Gathman stated that staff
has received one letter of concern in regard to prairie dogs. He added that staff has not received any phone
calls or any other correspondence from surrounding property owners. Unless there are people in the audience
who object, staff recommends it stays on consent.
The Chair asked if the applicant was available and if they wish for this case to remain on consent. Dave
Bauer, Public Works, stated that he wishes for this case 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.
The Chair asked if any of the Planning Commissioners wished to pull this item from consent. No one wished
to speak.
The Chair read the next case on the Consent Agenda into record.
CASE NUMBER: USR-1659
APPLICANT: DeRoy&Cathy Turley
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review for one(1)Single-
Family Dwelling Unit Per Lot other than those permitted under Section 23-3-20.A
(Section 23-3-40.L)and any use permitted as a Use by Right,An Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions(Section 23-3-40.R)(Tank Repair,Agricultural Millwork
and a second single family dwelling unit).
LEGAL DESCRIPTION: SE4 NE4 Section 22,T6N, R62W of the 6th P.M.,Weld County, Colorado.
• LOCATION: Approximately 1/2 mile south of CR 68; East of and adjacent to CR 79.75.
The Chair asked Mr. Ogle if he wishes for this case to remain on consent. Kim Ogle, Planning Services,
stated that staff does wish for this item to remain on consent. He added that they received one letter in
support from an adjacent property owner.
The Chair asked if the applicant was here and if they wish for this to remain on consent. Mr.Ogle indicated
that they are here and wish for this case 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.
The Chair asked the Planning Commissioners if they wish to pull this case from the consent agenda. No
one wished to speak.
The Chair read the third case on the consent agenda into record.
CASE NUMBER: USR-1670
APPLICANT: Northern Colorado Disposal
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Solid
Waste Disposal Site and Facility(Recycling Facility/Transfer Station)in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of RE-449,Section 33,T6N, R66W of the 6th P.M.,Weld County,
Colorado.
LOCATION: South of and adjacent to CR 64(O Street)and west of and adjacent to 59th Ave.
Chris Gathman, Planning Services, stated that this case was listed on consent. He added that there was a
• community meeting in early October with surrounding property owners and they received positive feedback.
He indicated that there are representatives from the City of Greeley and believes that they may want to
discuss some issues on this case.
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The Chair asked if the applicant was present and if they wish for this case to remain on consent. The
• applicant indicated that they do wish for this case to remain on consent.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jana Easley, Planning Manager for the City of Greeley, 1100 10th St, Suite 202, Greeley. Ms. Easley
expressed appreciation for the opportunity to comment on cases within their long range growth boundary. She
added that in this case they are requesting some additional items such as landscape screening,a certain type
of fencing and some upgrades to the exterior building materials. She commented that they are requesting that
this case be pulled from the Consent Agenda to discuss these issues more in depth.
Ms. Easley indicated that the applicant did come to Greeley and visit with them earlier in the year. She added
that there are in agreement for most of the items but would like the opportunity to further solidify some of the
City's request as it relates to this site.
The Chair asked the Planning Commissioners if they would like to pull this item from the consent agenda.
Commissioner Grand asked that since the agreement has almost been reached,can we leave it in the hands
of staff to work out with the applicant and the City of Greeley.
Mr. Gathman commented that there are a couple of conditions of approval for this case already. One is a
requirement for a landscaping and screening plan. There is another condition that the applicant must attempt
to address the requirements of the City of Greeley in their referral. From a planning staff standpoint we can
deal with it either way. He added that there have already been considerable discussions between the
applicant and the City of Greeley on these issues. He asked the Commissioners to keep in mind that this is
located in the urban growth boundary for the City of Greeley. The City of Greeley did annex 59th Avenue and
now the proposed site is fairly close to the boundaries of the City of Greeley.
• Commissioner Lawley asked if the applicant and the City are working on this or if they have they come to
some kind of an agreement. If so, he would support a continuation to let them work out the details and bring it
back to us. If not, then he would support a hearing. Mr. Gathman commented that with this case it is time
sensitive. It is scheduled with the Board of County Commissioners next Wednesday, November 12th. If we
continue the case we are looking at least a couple of weeks out. He commented that the applicant and the
City of Greeley have had some discussion on these issues. He mentioned that in talking with both the
applicant and the City of Greeley he is confident that they can reach an agreement.
Commissioner Spitzer asked Mr. Gathman if he recommends hearing the case today. Mr.Gathman replied
that he would recommend hearing the case today so that it can be resolved prior to the Board of County
Commissioners hearing next week.
The Chair asked Ms. Easley if they have read the development standards for the case. Ms. Easley stated that
they have read through them. She added that comments were provided from their administrative review team
to the applicant. The response to comments on several of the items was simply stated as"Noted", which to
them didn't really say yes or no to the requested action. Therefore they are seeking a resolution to those
questions and proposed requirements,rather than just a statement of"Noted". Ms.Easley indicated that they
are just a little unclear as to whether or not the applicant has agreed to these items.
The Chair asked if the Planning Commissioners wish to pull this item from consent. Commissioner Spitzer
and Commissioner Grand wished to pull this case from the consent agenda to be heard.
Mark Lawley moved that the Consent Agenda which includes Case USR-1671 and USR-1659,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 Roy Spitzer.
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, absent; Erich Ehrlich, absent; Robert Grand,yes; Bill Hall,yes; Mark Lawley,
yes; Roy Spitzer, yes; Tom Holton, yes; Doug Ochsner, absent. Motion carried unanimously.
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