HomeMy WebLinkAbout20082779.tiff BEFORE 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: USR-1668
APPLICANT: Peter&Heather Valconesi
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a Use
by Right or an Accessory Use in the Commercial or Industrial Zone Districts,
provided 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 and one(1)single-family dwelling unit per lot(assemble wall
components for laundromats and a secondary residence)in the A(Agricultural)
Zone District.
LEGAL DESCRIPTION: Lot B of RE-4254, Pt NE4 of Section 14,T4N, R68W of the 6th P.M.,Weld
County, Colorado.
LOCATION: South of and adjacent to CR 46 and approximately 3/4 mile east of I-25.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-150D.A Goal 4 states:
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
• be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." The proposed assembly
structure is planned to resemble a horse barn with stucco siding, rock wainscoting and large
wood pillars. The surrounding property is primarily agricultural in nature with a few homes in
close proximity. There are six parcels within 500 feet of the property.Section 23-2-240.A.10
of the Weld County Codes states "...that buffering or screening of the proposed use from
adjacent properties may be required in order to make the determination that the proposed
use is compatible with the surrounding uses." As a Condition of Approval the applicant will
be required to screen the use from adjacent properties and rights-of-way. Development
Standards and Conditions of Approval will ensure that the proposed use will be compatible
with the vicinity
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.R of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone District (assemble wall
components for laundromats) and Section 23-3-40.L (secondary residence) 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 surrounding properties are agricultural in nature with rural
residences. The Town of Berthoud has annexed the property to the southwest of the site
these lands are approved for a residential subdivision, however, no development has
occurred and land continues to be farmed, The location of the assembly structure will have
little if any affect on adjacent neighbors given the topography. Conditions of Approval and
Development Standards will ensure compatibility with the surrounding area.
• D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of th d any other applicable
EXHIBIT
2008-2779
Resolution USR-1668
Peter&Heather Valconesi
Page 2
• code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within three miles of the Town of Berthoud, the Town of
Johnstown and Larimer County. The Town of Berthoud in their referral dated September 9,
2008 stated that the "Berthoud Comp[rehensive] Plan shows area as Low Density
Residential, but Town has no objection to proposal." Larimer County returned a referral
dated September 10,2008 indicating no conflict,and the Town of Johnstown did not return a
referral.
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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.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 Department of Planning Services met with the applicant on September 11, 2008 to discuss the referrals
received. The applicant submitted an electronic mail letter dated September 16, 2008 that attempted to
• address the comments outlined in the received referrals. 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 applicant shall submit a detailed sign plan in compliance with Chapter 23 Appendix 23-C
of the Weld County Code to the Weld County Department of Planning Services for review
and approval. (Department of Planning Services)
B. The applicant shall address the requirements (concerns) of the Little Thompson Water
District,as stated in the referral response dated August 14, 2008. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
C. The applicant shall address the requirements (concerns)of the Johnstown Fire Protection
District,as stated in the referral response dated August 29, 2008. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Works, as stated in the referral response dated September 5,2008. Including but not
limited to a final drainage construction and erosion control plans. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
• E. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Health and Environment,as stated in the referral response dated September 4,2008.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
Resolution USR-1668
Peter& Heather Valconesi
Page 3
• F. The applicant shall address the requirements(concerns)of the Weld County Department of
Building Inspection, referral dated September 4,2008. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
G. The applicant shall submit a dust abatement plan(vehicle traffic)for review and approval,to
the Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of acceptance shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Environmental Health)
H. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division,Colorado Department of
Health and Environment, if applicable.Alternately, the applicant can provide evidence from
the APCD that they are not subject to these requirements. Evidence of acceptance shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Environmental Health)
The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
Evidence of acceptance shall be submitted in writing to the Weld County Department of
Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site(this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
• 3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). (Department of Environmental
Health)
J. The applicant shall submit evidence to the Department of Planning Services and the
Environmental Health Department, from Little Thompson Water District, demonstrating
that water is available for the business and for a second residence. Evidence of
acceptance shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Environmental Health)
K. Provide all drainage/stormwater calculations for the proposed pond and channel. Mentioned
drainage report was not included in this submittal. (Department of Public Works)
L. The applicant shall submit a Landscape and Screening Plan for the site. The plan at a
minimum shall include the existing and future plant material including the proposed fencing,
lighting,screening and landscape treatment from adjacent properties. The plan shall include
the method of screening the outdoor storage of vehicles, equipment or materials from
adjacent properties and future rights-of-way. The applicant shall maintain compliance with
Section 23-2-250.6.7 of the Weld County Code at all times. (Department of Planning
Services)
M. The applicant shall complete all proposed improvements including those regarding
landscaping,screening,access improvements and parking lot requirements or enter into an
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)
•
Resolution USR-1668
Peter& Heather Valconesi
Page 4
• N. The applicant shall submit a letter to the Department of Planning Services requesting a
vacation of the Site Specific Development Plan and a Use by Special Review Permit, USR-
739,for a 200 dog Kennel that presently encumbers this property. (Department of Planning
Services)
O. The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1668 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall delineate any signs in compliance with Chapter 23,Appendix 23-C of
the Weld County Code. (Department of Planning Services)
4. County Road 46 is designated on the County Road Classification Plan as collector
road,which requires 80 feet of right-of-way at full build out.There is presently 60 feet
of right-of-way. A total of 40 feet from the centerline of County Road 46 shall be
delineated on the plat. The future and existing right of way including the
documentation creating them shall be delineated on the plat. This road is
maintained by Weld County. (Department of Public Works)
5. A Forty(40)foot radius is required on all accesses to public roads for accesses
designed to accommodate truck traffic. {A minimum effective turning radius of
forty(40)feet shall be used for accesses intended to accommodate truck traffic.
(Weld County Codification Ordinance 2000-1)} (Department of Public Works)
6. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this
• facility, all light standards shall be delineated on the plat and be in accordance with
Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
7. The Department of Planning Services has determined from the application materials
that eleven(11)parking spaces and one(1)ADA parking space will be required on
site. Each parking space should be equipped with wheel guards where needed to
prevent vehicles from extending beyond the boundaries of the space and from
coming into contact with other vehicles, walls, fences, sidewalks, or plantings
(Department of Planning Services)
8. The approved Landscape and Screening Plan. (Department of Planning Services)
P. 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)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
•
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(@co.weld.co.us. (Department of Planning Services)
Resolution USR-1668
Peter&Heather Valconesi
Page 5
• 4. Prior to operation:
A. The applicant shall provide a written sign-off from the Johnstown Fire Protection District to
the Department of Building Inspection. (Department of Building Inspection)
B. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS
permit from the Colorado Department of Public Health and Environment(CDPH&E),
Water Quality Control Division, to cover stormwater discharges from construction sites (5
CCR-1002-61) Alternately, the applicant can provide evidence from CDPH&E that they
are not subject to the CDPS requirements. Written evidence of approval shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
5. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and is required
to be designed by a Colorado Registered Professional Engineer. The system shall be
designed and installed according to the Weld County Individual Sewage Disposal
Regulations. (Department of Public Health and Environment)
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 Nick Berryman.
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 October 7, 2008.
Dated the 7th of October, 2008.
• ' t`/1 '
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Valconesi—High Mark Manufacturing, Inc.
USR-1668
1. A Site Specific Development Plan and a Use by Special Review Permit for a Use by Right or an
Accessory Use in the Commercial or Industrial Zone Districts (assemble wall components for
laundromats[High Mark Manufacturing, Inc.])and a secondary residence)one single family dwelling
unit per lot other than those permitted as a use by right in the A(Agricultural)Zone District,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. 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)
4. 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)
5. 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)
• 6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
7. The facility shall be operated in accordance with the approved "dust abatement plan"at all times.
(Department of Public Health and Environment)
8. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
9. This facility shall adhere to the maximum permissible noise level allowed in the Commercial Zone
as delineated in Section 14-9-10 of the Weld County Code. (Department of Public Health and
Environment)
10. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
11. 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)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purpose.
(Department of Public Health and Environment)
13. 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)
• 14. A building permit shall be obtained prior to the construction of any new building,addition or remodel of
existing buildings. A building permit is required for change of use of any existing buildings.
(Department of Building Inspection)
Resolution USR-1668
Peter&Heather Valconesi
Page 7
15. A plan review is required for each building for which a building permit is required. Plans shall bear the
west stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
with applying for each permit. (Department of Building Inspection)
16. Structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
17. A building permit application must be completed and two complete sets of 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 registered State of Colorado
engineer shall be required. (Department of Building Inspection)
18. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
19. A letter of approval shall be provided to the Department of Building Inspection from the Johnstown
Fire Protection District prior to construction of any structure. (Department of Building Inspection)
• 20. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
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. The normal hours of operation are 8:00am to 4:30pm. Monday through Saturday with occasional
periods of 24 hour operation. (Department of Planning Services)
23. The site shall not have more than six (6) employees on site at any given time. (Department of
Planning Services)
24. The living quarters located in the building associated with the assembling of wall components shall be
utilized by employees of the company or by Valconesi family only. (Department of Planning Services)
25. The second single family residence shall be for the Valconesi family only. (Department of Planning
Services)
26. The application does not propose any portion of the site to be leased to another party. In the event
that a portion of the building is proposed to be leased to another party in the future,the applicant shall
submit a copy of the lease agreement and information regarding the proposed use of the leased
portion to the Weld County Building Inspection Department,Johnstown Fire Protection District and the
Department of Planning Services for review. Based upon the proposed use and/or impacts of the
leased portion,the Department of Planning Services may require an Amended Use by Special Review
application. (Department of Planning Services)
• 27. 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)
Resolution USR-1668
Peter&Heather Valconesi
Page 8
• 28. 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)
29. The landscape and screening on site shall be maintained in accordance with the approved
Landscaping and Screening Plan. (Department of Planning Services)
30. 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)
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
33. 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. (Department of
Planning Services)
34. 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.
35. 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. (Department of Planning
Services)
i
1O, - 7-O-nO?
The Chair called a recess at 1:33 p.m. and added that they will accept further public comments after the
• hearing of two cases, USR-1668 and USR-1665.
Commissioner Ehrlich left the meeting at 1:33 p.m.
The Chair reconvened the meeting at 1:42 p.m. and started with the first Consent Agenda item.
CASE NUMBER: USR-1668
APPLICANT: Peter&Heather Valconesi
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a Use
by Right or an Accessory Use in the Commercial or Industrial Zone Districts,
provided 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 and one(1)single-family dwelling unit per lot(assemble wall
components for laundromats and a secondary residence)in the A(Agricultural)
Zone District.
LEGAL DESCRIPTION: Lot B of RE-4254, Pt NE4 of Section 14,T4N, R68W of the 6th P.M.,Weld
County, Colorado.
LOCATION: South of and adjacent to CR 46 and approximately 3/4 mile east of 1-25.
The Chair asked if the Planning Commissioners would like this case to remain on the Consent Agenda. Mr.
Grand said that he would like to hear this case due to the response of two letters that were received regarding
a water issue and a road issue. Mr. Ochsner also stated that he would like to hear this case.
Chris Gathman, Department of Planning Services,stated the applicant is represented by Sheri Lockman,with
Lockman Land Consulting, LLC.
The site is located south of and adjacent to County Road 46 and approximately 3/4 mile east of 1-25. The
• property is within the three mile referral area of the Town of Berthoud, the Town of Johnstown and Larimer
County. The Town of Berthoud in their referral dated September 9, 2008 stated that the "Berthoud
Comprehensive Plan shows area as Low Density Residential, but the Town has no objection to proposal."
Larimer County returned a referral dated September 10, 2008 indicating no conflict, and the Town of
Johnstown did not return a referral.
This proposed facility is to be the manufacturing headquarters of High Mark Manufacturing, Inc, a
company that aassembles wall components and related furniture for Laundromats. The application
materials indicate a second single family residence is also requested.
At this time it is an unimproved parcel so there is no residence currently on the property. Mr. Gathman
stated that he understands under this application, the applicant would have the business and a residence
and then at some later time there would be another residence on the property.
The hours of operation are 8:00 a.m. to 4:30 p.m. Monday through Saturday with occasional periods of 24
hour operation depending on material order. The site will have no more than six (6)employees on site at
any given time.
The proposed assembly structure is planned to resemble a horse barn with stucco siding, rock
wainscoting and large wood pillars. Living quarters will be on the second floor of this structure. Water is to
be provided by Little Thompson Water District and an ISDS system will handle the effluent flows. Site
lighting will be from wall mounted lights that are shielded.
The surrounding properties are agricultural in nature with rural residences. There are six parcels within
500 feet of the property.The Town of Berthoud has annexed the property to the southwest of the site and
these lands are approved for a residential subdivision, however, no development has occurred and land
continues to be farmed. The location of the assembly structure will have little if any affect on adjacent r
• neighbors given the topography.
m
Mr. Gathman indicated that the site slopes considerably to the south. The residences north of the location x=
..)
will not be able to see the site, given the topography. K
4
..+won
• Fourteen referral agencies have reviewed this case and eleven offered comments, some with specific
conditions that have been incorporated into this recommendation.
Staff received one letter from a surrounding property owner dated September 30, 2008 objecting to the
proposed application citing compatibility and quality of life, specific to traffic, noise, dirt and dust, additional
light, and potential for additional crime.
Staff also received an email October 1, 2008 which states their concern of the amount of water that they
would be able to get from the Little Thompson Water District. This neighbor indicates that they have a
lack of water pressure and are concerned that this use would further aggravate the already low water
pressure problems. In addition their concerns are additional traffic on County Road 46 as well as air
quality, dust, noise and damage to County Road 46.
A handwritten letter was received October 1, 2008 from a neighboring property owner immediately to the
east of the site. The neighbor has an existing access and they are concerned if this access would be
shared with this proposed use. They request that their access remain as their own private access drive
and not be shared with this business. Mr. Gathman stated that under the proposal there would be a
separate access from County Road 46 and added that the applicant would not be sharing the access with
their neighbor.
The Chair asked if the applicant had any comments.
Sheri Lockman, 36509 CR 41, Eaton CO. Ms. Lockman stated that High Mark Manufacturing is currently
located in Johnstown and they assemble wall components for laundromats. She added that the panels
are built off-site then assembled with water lines, power boxes, conduit and wire on-site.
• Ms. Lockman stated that the business will have a maximum of six employees. She added that the
applicant is planning to make the business look like a very attractive horse barn. They plan to have stucco
siding, rock wainscoting and large wood pillars.
Ms. Lockman stated that the surrounding properties are agricultural in nature with single family
residences. She commented that the Town of Berthoud has annexed the property southwest of the site
but stated it is being farmed at this time. She added that Johnstown and Berthoud indicated that they had
no concerns with this proposal nor had any interest in annexing this site.
Ms. Lockman expressed that careful consideration was given to the location of the buildings. She stated
that the site was chosen because it will have the least impact to the surrounding property owners. She
indicated that this site is screened from adjacent property owners.
Ms. Lockman commented that one of the letters of concern was from Albert and Lorane Michall and
indicated that they asked for reassurance that the proposal will not affect their private road, holding pond
or ditch. Ms. Lockman stated that Mr. and Mrs. Michall can be assured that the USR will not have any
affect whatsoever on their road, holding pond or ditch.
Ms. Lockman said that the other concerns that were raised included noise. The business does not
produce any noise which can be heard off-site, nor does it have any associated smell.
Ms. Lockman added that the lighting on the buildings will consist of one light near each door and they will
be shielded so that it is not a nuisance to the surrounding property owners.
The business will have a maximum of six employees along with two UPS type delivery trucks which only
come once a week. Ms. Lockman commented that this is not an excessive amount of traffic.
• Mr. Valconesi will be submitting a dust abatement plan which will protect the adjacent neighbors from
dust. The plan includes applying an approved dust control chemical such as Magnesium Chloride to the
section of roadway that is generating the dust if the County deems necessary.
5
Ms. Lockman stated that the Little Thompson Water District has agreed to service the proposed uses and
•
commented that they are the experts and should know if they have the ability to furnish the water. She
added that Mr. Valconesi will have to comply with any upgrades that the water district deems necessary.
She stressed that the business and residence will not be very big water users. She asked the Planning
Commissioners to keep in mind that biggest water user by far will be single-family residence and that is a
Use by Right; he does not have to ask for permission to build that residence.
Ms. Lockman stated that the applicants wish to maintain the value and the residential quality of this
property. She indicated that they do not wish to turn this property into a Commercial/Industrial looking site.
Ms. Lockman showed some photos of the site.
She indicated that staff had asked for additional screening; therefore the applicants are proposing
additional bushes and trees along the south side of the property. They feel the screening on the other
three sides of the building is adequate given the drop in elevation and distance to the other homes.
Ms. Lockman said that the second part of the request is for an apartment within that building. The
apartment would be used by the applicant and his family for their single-family dwelling until they are able
to build the home at the top of the hill. She commented that it could be a few years. The final plan for the
apartment is to house the applicant's mother who intends to live on the site when her health reaches a
point where she requires additional care. Ms. Lockman commented that the applicant would have
preferred to do a Recorded Exemption for the additional home. However it is not eligible for an additional
split. Ms. Lockman stressed that this unit will not be used as a rental apartment at any time.
The Chair asked Public Works and the Health Department for their comments.
Dave Snyder, Public Works, commented that he looked at the traffic counts and found that it is well below
• the dust abatement threshold for that section of road. It appears to be a very minimal impact.
Lauren Light, Health Department, stated that she received a well serve letter from Little Thompson Water
District and they stated that if there are any upgrades required it is the responsibility of the applicant to put
in the upgrades to that water line.
The Health Department is requiring a Dust Abatement Plan which will be for on-site dust. They are also
requiring a Waste Handling Plan and will have the applicant inquire with the State whether they will need
an Air Emissions Permit because there will be some wood cutting on the site. Ms. Light indicated that -
there is a Development Standard which restricts the noise to the Commercial Zone. The Weld County
Code states that the Commercial and Residential Zone are the same; therefore the noise cannot exceed
what you find in the normal residential area.
Ms. Light stated that they do not have any concerns based on the Development Standards.
Commissioner Grand asked Ms. Light is she is comfortable that there will be an adequate water supply.
Ms. Light replied that according to the letter from the Little Thompson Water District she is comfortable.
Commissioner Ochsner asked if the Water District is aware of these concerns and further asked if it could
be forwarded to them. Mr. Gathman said that he could certainly send them their concerns.
Commissioner Grand asked for a copy of the Little Thompson Water District letter be sent to Mr. and Mrs.
Michall as well.
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 applicant if they read through the Development Standards and Conditions of Approval
and if they are agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1668, be forwarded to the Board of County Commissioners along with
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the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
• approval, Nick Berryman seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Paul Branham, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Mark Lawley,
absent; Roy Spitzer, absent; Tom Holton, absent; Doug Ochsner, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1665
APPLICANT: High Plains Disposal, Inc
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part N2 of Section 25,T5N, R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Oil and Gas
Support Facility(Class II - Oilfield Waste Disposal Facility)in the A(Agricultural)
Zone District.
LOCATION: South of and adjacent to CR 54 and approximately 1/2 mile west of CR 49.
Chris Gathman, Department of Planning Services, stated that the site is located south of and adjacent to
County Road 54 and approximately'% mile west of County Road 49. The proposed site is bordered by an
agricultural parcel to the east, a parcel with oil and gas production facility(tank battery and wellhead)to
the west, and agricultural land to the north (across County Road 54).The Union Pacific Railroad and
agricultural land along with oil and gas production facility is located immediately to the south. The three
nearest single-family residences are located approximately 1/4 to the west of the site. Development
Standards and Conditions of Approval will ensure compatibility with existing surrounding land uses.
Fifteen referrals were sent out; nine referrals were received and either indicated no concerns or are
addressed through development standards and conditions of approval. No referral responses were
• received from the State of Colorado, Oil &Gas Conservation Commission, Division of Wildlife, LaSalle
Fire Protection District, Union Pacific Railroad, and State of Colorado Department of Health. Mr. Gathman
stated that he received a phone call from the EPA indicating that they do not review injection well permits.
The site is located within the three-mile referral area of the Town of Kersey.
No letters from surrounding property owners have been received.The Department of Planning Services
did receive a phone call from a nearby property owner who expressed concern in regard to traffic
accessing to and leaving the site.A primary concern expressed by this neighbor was how vehicles would
access onto County Road 54 without impeding oncoming traffic through the merging of large vehicles onto
County Road 54 without an accel/decel lane and also the potential for trucks swinging into the oncoming
lanes when leaving the site.
This application was submitted prior to the adoption of the new application review process. The applicant
requested that the application be reviewed under the old process; therefore no community meeting was
requested by the Department of Planning Services.
The following are Conditions of Approval and Development Standards addressing/mitigating concerns:
• The Department of Public Works is requiring a 60-foot radius access onto County Road 54.
• The Department of Public Works has designated a haul route based on where traffic is going to
and coming from.
• A lighting plan (because the applicant is proposing to haul until 10 PM)
• A landscape plan (clarifying the berming of the site)
Mr. Gathman referred to a memo that he handed out. He indicated that there were several recommended
changes to staff comments. He stated that under Condition of Approval 2.1, per Public Works'
• recommendation they are suggesting to change it to read "The applicant shall submit an improvements
agreement that addresses the timing and scope of the applicant's participation in paying the costs of
improvements to the intersection of WCR 49 and State Highway 34, WCR 47 and State Highway 34,
WCR 47 and WCR 54 and WCR 49 and WCR 54 based upon the applicant's proportion of overall use of
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