HomeMy WebLinkAbout20081383.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Tom Holton 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-1648
APPLICANT: Richard &Cynthia Stalcup
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Two parcels being located in part of the SE4 of Section 9,T2N, R67W
of the 6th P.M.,Weld County, Colorado.
REQUEST: 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 on Industrial Zone District(Tree Trimming Business and
Truck Parking)in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 17 and approximately 1/2 mile north of CR
22.
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 Weld County 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." Development Standards
and Conditions of Approval will ensure that the proposed use will be compatible with the
vicinity. The surrounding property is primarily agricultural in nature with a few homes in close
• proximity. There are six parcels within 500' 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.
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 (Tree Trimming
Business and Truck Parking)in the A(Agricultural)Zone District. The property is currently in
violation (ZCV07-01079) due to the storage and operation of a commercial business and
equipment storage without first obtaining the necessary permits. If this application is
approved the violation will be corrected. If this application is denied the commercial business
and equipment storage shall be immediately removed from the property; otherwise, the
violation case will proceed accordingly.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site currently consists of two parcels. The parcel on the east
has a single family home and pole barn on the property. The property on the west is vacant.
The surrounding property is primarily agricultural in nature with a few homes located in close
proximity. There are six parcels within 500' of the property. No comments have been
received from the surrounding property owners. 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 the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within three miles of the Towns of Firestone, Frederick and L_
the City of Fort Lupton. The City of Fort Lupton in their referral dated February 15, 2008
indicated no concerns. No referrals have been received from the Towns of Firestone and s (�
Frederick. y]
Resolution USR-1648
Richard&Cynthia Stalcup
Page 2
• 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 Weld County 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 if warranted in compliance with Chapter 23
Division 2 of the Weld County Code to the Weld County Department of Planning Services for
review and approval. (Department of Planning Services)
B. Cynthia Stalcup will need to sign the original application cover sheet. (Department of
Planning Services)
•
C. The applicant shall either request in writing that USR-1120 for an equestrian ranch be
vacated including the sign off from the neighboring property owner (Owen's) or the
neighboring property owner shall apply for a partial vacation per Section 23-2-200.G of the
Weld County Code. (Department of Planning Services)
D. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses and the
environment and reduces the conflicts between mineral development and current and future
surface uses." 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 requirements as an attempt to mitigate
concerns. The plat shall be amended to include any possible future drilling sites.
(Department of Planning Services)
E. The applicant shall attempt to address the comments of the Weld County Sheriff's Office,as
stated in the referral response dated February 22,2008. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
F. The applicant shall address the comments of the Weld County Department of Building
Inspection,as stated in the referral response dated January 31,2008. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.(Department of
Planning Services)
• G. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Works, as stated in the referral response dated March 6, 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)
Resolution USR-1648
Richard&Cynthia Stalcup
Page 3
• H. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Health and Environment, as stated in the referral response dated February 25, 2008.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
The applicant shall attempt to address the requirements (concerns) of the Longmont Soil
Conservation District, referral dated March 11, 2008. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
J. The applicant shall submit to the Department of Planning Services with a property
maintenance plan for review and approval. The maintenance plan shall be in compliance
with Section 23-2-250.B.7 of the Weld County Code. (Department of Planning Services)
K. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
L. The applicant intends to utilize the existing septic system at the home,for employee use,the
septic system shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review describing the
systems ability to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or constructed the
• system shall be brought into compliance with current regulations. Alternately,the applicant
can install a new septic system in the shop for employee use which shall be installed
according to the Weld County Individual Sewage Disposal Regulations. Evidence of approval
from the Department of Public Health and Environment shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
M. In the event, the applicant intends to wash vehicles or equipment on site the following shall
apply:
The applicant shall provide evidence that the washing area will be designed and constructed
to capture all effluent and prevent any discharges from the washing of vehicles or equipment
in accordance with the Rules and Regulations of the Water Quality Control Commission and
the Environmental Protection Agency. Evidence of approval from the Department of Public
Health and Environment shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
N. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle
maintenance facility located on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (EPA rule effective 4/5/2000). Evidence of approval from the Department of
Public Health and Environment shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
O. 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 approval from the Department of Public Health and Environment shall be submitted to the
• 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).
Resolution USR-1648
Richard&Cynthia Stalcup
Page 4
• 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 Public Health and Environment)
P. The applicant shall submit a Landscape and Screening Plan for the site. The plan shall
include the method of screening the outdoor storage of vehicles,equipment or materials from
adjacent properties and future rights-of-way. Specifically the Department of Planning
Services recommends that the applicant screen the derelict vehicles on site. The applicant
shall maintain compliance with Section 23-2-250.B.7 of the Weld County Code at all times.
(Department of Planning Services)
Q. 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)
R. The applicant shall contact the Town of Firestone to verify the access permit or for any
additional requirements that may be needed to obtain or upgrade of a current permit.
Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Works)
S. The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1648 (Department of Planning Services)
• 2. The attached Development Standards. (Department of Planning Services)
3. The plat shall delineate any signs in compliance with Division 2 of the Weld County
Code. (Department of Planning Services)
4. County Road 19 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 19 shall be
delineated on the plat. The future and existing right of way including the
documentation creating them shall be delineated on the plat. (Department of Public
Works)
5. The property is limited to one access per legal parcel. Additional accesses may be
approved by the Department of Public Works or the Board of County
Commissioners. The applicant shall permanently close the southern most access.
Evidence of the closure shall be submitted to the Department of Planning Services.
(Department of Public Works)
6. 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 location of the dumpster shall be delineated on the plat. Areas used for trash
collection shall be screened from public rights-of-way and all adjacent properties.
These areas shall be designed and used in a manner that will prevent wind- or
animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code.
• (Department of Planning Services)
8. The approved Landscape and Screening Plan. (Department of Planning Services)
Resolution USR-1648
Richard &Cynthia Stalcup
Page 5
• T. 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 mapsco.weld.co.us. (Department of Planning Services)
4. Prior to operation:
A. The applicant shall provide a written sign-off from the Platteville Fire Protection District to the
Department of Building Inspection. (Department of Building Inspection)
5. 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)
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Stalcup
USR-1648
1. 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(Tree Trimming Business
and Truck Parking) 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. 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. This facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
8. 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)
9. Vehicles shall not be parked on the Individual Sewage Disposal System. (Department of Public
Health and Environment)
10. The facility shall utilize the existing public water supply. (Central Weld County Water District)
(Department of Public Health and Environment)
11. 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)
12. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Division of
Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
13. 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)
14. 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)
Resolution USR-1648
Richard &Cynthia Stalcup
Page 7
• 15. 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)
16. New structures will 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. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code. (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 Platteville 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 hours of operation are 7:00am to 6:00pm seven days a week.(Department of Planning Services)
23. The site shall not have any employees associated with this use. (Department of Planning Services)
24. 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)
25. 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)
26. The landscape and screening on site shall be maintained in accordance with the approved
Landscaping and Screening Plan. (Department of Planning Services)
27. 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)
28. 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)
29. 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)
Resolution USR-1648
Richard&Cynthia Stalcup
Page 8
• 30. 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)
31. 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.
32. 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)
Motion seconded by Mark Lawley.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
Tom Holton—Vice Chair
Paul Branham
• Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Nick Berryman
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these 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 April 15, 2008.
Dated the 15th of April, 2008.
Kristine Ranslem
Secretary
•
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, April 15, 2008
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, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Jacqueline Hatch, Michelle Martin, Brad Mueller, Department of Planning Services; Dave
Snyder, Don Dunker, Department of Public Works; Lauren Light, Department of Health; Cyndy Giauque,
Bruce Barker(via phone), County Attorney, and Kristine Ranslem, Secretary.
Robert Grand moved to approve the April 1, 2008 Weld County Planning Commission minutes, second by
Tom Holton. Motion carried.
The Chair read the case into record.
CASE NUMBER: USR-1652
APPLICANT: JAR Holdings LLC do Daniel Rodarmel
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the NE4 of Section 1,T2N, R68W of the 6th P.M.,Weld County,
Colorado.
REQUEST: 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(Parking and Storage for a
Concrete Company)in the a(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 13 and approximately% mile south of CR
26.
Jacqueline Hatch, Department of Planning Services,stated that Planning Staff is requesting that this case be
continued to May 20, 2008 to allow for appropriate time for mineral notification.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of
this case. No one wished to speak.
Roy Spitzer moved that Case USR-1652, be continued to the May 20, 2008 Planning Commission meeting,
seconded by Tom Holton. Motion carried.
The Chair read the case into record.
CASE NUMBER: USR-1648
APPLICANT: Richard &Cynthia Stalcup
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Two parcels being located in part of the SE4 of Section 9,T2N, R67W
of the 6th P.M.,Weld County, Colorado.
REQUEST: 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 on Industrial Zone District(Tree Trimming Business and
Truck Parking)in the A(Agricultural)Zone District. m ll
LOCATION: West of and adjacent to CR 19 and approximately% mile north of CR = V4
22.
W S
The Chair asked Jacqueline Hatch, Department of Planning Services,if she wishes for this case to remain on
• the Consent Agenda. Ms. Hatch replied that they do.
The Chair asked the applicant if they wish for this case to remain on Consent as well. The applicant replied
yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Tom Holton moved that Case USR-1648, 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 Mark Lawley. Motion carried unanimously
CASE NUMBER: USR-1650
APPLICANT: Stahla Homes do Robb Casseday with Casseday Creative Designs
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of AmRE-2363 being Part of SE4 of Section 14,T2N, R64W of
the 6th P.M.,Weld County,Colorado.
REQUEST: 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(Propane Storage and Office)in
the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 59 and north of and adjacent to CR 20.
SIZE: 10 acres, more or less.
Jacqueline Hatch, Department of Planning Services, introduced this case. She stated that the area consists of
approximately 10 acres and the sign announcing the Planning Commission hearing was posted on April 4,
2008 by staff.
• Ms. Hatch added that in Section 22-2-60.6 A.Goal 2. it states"Conversion of agricultural land to urban scale
residential, commercial and industrial uses will be considered when the subject site is located inside an
approved intergovernmental agreement area, urban growth boundary area,Mixed Use Development areas or
urban development nodes,or where adequate services are currently available or reasonably obtainable. This
goal is intended to address conversion of agricultural land to minimize the incompatibilities that occur between
uses in the agricultural zone district and other zoned districts that allow urban uses."
Ms. Hatch said that the property is not located within an approved intergovernmental agreement area, urban
growth boundary area, Mixed Use Development areas or urban development nodes.The property is located
within the three(3) mile referral area for the Town of Keenesburg. The Town of Keenesburg in their referral
dated February 22,2008 states that they have reviewed the request and find that it does not comply with their
comprehensive plan. The property is located within three miles of the Keenesburg town limits and within their
future growth boundary and has been planned for agricultural use rather than commercial.
Ms. Hatch commented that Section 19-5-50.B of the Coordinated Planning Agreement with the Town of
Keenesburg states "Development outside the urban growth area (IGA) to the extent legally possible the
County will disapprove proposals for urban development in areas of the municipal referral area outside the
urban growth area.
The Department of Planning Services has determined that the proposed commercial/industrial use projected
for this site while located outside the Town's IGA boundary is located within the referral area and as outlined in
the referral from the Town of Keenesburg is not compatible with the comprehensive plan for the Town.
The surrounding area consists of single family homes to the south and east. There is an existing farm to the
west and agricultural uses to the north. Five properties are within 500 feet of the site.
The property currently has a small barn/shop on site and has a chain link fence surrounding the site. The
• property is not being utilized currently.
The site will utilize an on-site septic system and the water is provided by a well. The applicant,if approved,will
be required to provide evidence of a commercial well.
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