HomeMy WebLinkAbout20082238.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-1655
APPLICANT: Gerald&Beverly Ewing
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home
Business(bullet casing business)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2 SW4 of Section 29,T9N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to CR 100 and approximately 1/2 mile west of CR 17.
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. of the Weld County Code 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. This goal is intended to address conversion of
agricultural land to nonurban uses. Once converted, this land is less conducive to
• agricultural production."
The parcel is approximately 79 acres in size with existing improvements. The proposed
operation will be conducted within existing buildings. There will be no outside storage of
vehicles and equipment associated with the business with the exception of a % ton pickup
and utility trailer. The USR boundary only encompasses approximately 5 acres.
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.O of the Weld County Code provides for
Home Businesses as a Use by Special Review in the A(Agricultural) Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The two nearest single family residences are located approximately 1/8 mile to the east and
west of the site. There is a single family residence located approximately % mile to the
southeast(south of County Road 100)and approximately''/mile to the north.This use meets
the Home Business Definition of the Weld County Code.The home business criteria outlined
in Section 23-1-90 are:
1)The use is conducted primarily within a dwelling unit or accessory structure and principally
carried on by the family resident therein and
2) Such use is clearly incidental and secondary to the principal permitted use and shall not
change the character thereof.
Attached Conditions of Approval and Development Standards will ensure that the
• proposed use is compatible with the surrounding area.
EXHIBIT
2008-2238
us,Z 1655
Resolution USR-1655
Gerald& Beverly Ewing
Page 2
• 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 not located within a three-mile referral area nor
intergovernmental agreement/urban growth boundary of any municipalities.
E. Section 23-2-220.A.5 --The application complies with Article V, Divisions 1, 2, 3 and 4 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.5 --The site does not lie within any Overlay Districts.
G. 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 parcel is five
acres with an existing residence and outbuilding. No additional improvements are
proposed for this site.
H. 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. Provide written evidence to the Department of Planning Services that a building permit for
change in use of the building where the bullet casting operation will occur has been
applied for. (Department of Planning Services/Department of Building Inspection)
B. The plat shall be amended to delineate the following:
1. The plat shall comply with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. All sheets of the plat shall be labeled USR-1655. (Department of Planning
Services)
C. 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)
•
Resolution USR-1655
Gerald &Beverly Ewing
Page 3
• 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty(60) days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. 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(cr�co.weld co.us. (Department of Planning Services)
4. Prior to Operation:
A. The applicant shall obtain a Federal firearms license(Type 06)to manufacture
ammunition/cast bullets. (Bureau of Alcohol, Tobacco and Firearms)
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
• Gerald & Beverly Ewing
USR-1655
1. The Site Specific Development Plan and Special Use Permit is for a home business (Bullet Casting
Business) in the A (Agricultural) Zone District, as indicated in the application materials on file 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. This use shall meet the criteria of a Home Business per Section 23-1-90. These criteria are:
1)The use is conducted primarily within a dwelling unit or accessory structure and principally carried
on by the family resident therein and
2)Such use is clearly incidental and secondary to the principal permitted use and shall not change the
character thereof.
4. All vehicles and trailers associated with this use (one % ton pick up and one 7,000 lb rated utility
trailer) shall be currently licensed. (Department of Planning Services)
5. Outdoor storage shall be limited to one truck and one trailer as stated in the application materials.
(Department of Planning Services)
6. Hours of operation shall be limited to 7:00 AM to 10:00 PM. (Department of Planning Services)
7. 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)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
9. 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)
10. The facility shall be operated in accordance with the approved "dust abatement plan" at all times.
(Department of Public Health and Environment)
11. The facility shall adhere to the maximum permissible noise levels allowed in the(Commercial)Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
12. 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)
13. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
14. The application indicates no onsite employees (with the exception of the property owners) will be
working at the site and no customers will be visiting the site. If the existing well permit (permit #
196791) is used to supply drinking and sanitary needs for on-site employees or customers in the
• future, a new well permit that allows for drinking and sanitary use in a commercial business will have
to be obtained. (Colorado Division of Water Resources)
Resolution USR-1655
Gerald &Beverly Ewing
Page 5
• 15. 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)
16. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning
Services)
17. 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 Planning Services)
18. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Planning Services)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
22. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
• Development Standards stated herein and all applicable Weld County regulations.
23. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
24. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryma
n
Resolution USR-1655
Gerald&Beverly Ewing
Page 6
. 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 August 5, 2008.
Dated the 5th of August, 2008.
Kristine Ranslem
Secretary
•
•
7- 5- ado
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 5, 2008
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by
Chair, Doug Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present:Michelle Martin, Chris Gathman, Department of Planning Services; Don Carroll, Department of
Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Tom Holton moved to approve the July 15, 2008 Weld County Planning Commission minutes, seconded by
Robert Grand. Motion carried.
• Commission Ocshner commented that time has come to elect a new Chairman and Vice-Chairman. He
recommended that everyone get a chance to hold these positions as it is a unique opportunity. Mr. Ochsner
opened up the nominations for Chair of the Planning Commission.
Commissioner Grand nominated Doug Ochsner for Chairman, seconded by Commissioner Branham. Mr.
Ochsner accepted the nomination.
Commissioner Lawley nominated Tom Holton for Vice-Chair, seconded by Commissioner Grand. Mr. Holton
accepted the nomination as Vice-Chair.
The Chair asked for volunteers to represent the Planning Commission on the Board of Adjustment. Currently
there are two vacant positions: 1)District 1, and 2)Associate Member. Erich Ehrlich volunteered to serve on
the District 1 position. Bill Hall volunteered to serve as the Associate Member.
The Chair started with the Consent Agenda and read the first case into record.
CASE NUMBER: USR-1660
APPLICANT: Dust&Dirt Excavating, LLC
PLANNER: Michelle Martin
REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development facility including open pit mining and material processing
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Pt NE4 Section 4,T5N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Balsam Ave and North of State Highway 263.
The Chair asked Ms. Martin if she wishes for this case to remain on the consent agenda. She replied yes.
The Chair asked if the applicant was here and wishes for this case to remain on consent as well. The
• applicant indicated yes. t J
m The Chair asked if there was anyone in the audience who wished to speak for or against this application. No =
one wished to speak.
YJ
SIMS
In addition the Chair asked the Planning Commissioner members if any of them wish to pull this case from
•
consent. No one wished to speak.
The Chair moved onto the next case. He read it into record.
CASE NUMBER: USR-1655
APPLICANT: Gerald&Beverly Ewing
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home
Business(bullet casing business)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2 SW4 of Section 29,T9N, R67W of the 6th P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 100 and approximately 1/2 mile west of CR 17.
The Chair asked Mr. Gathman if he wishes for this case to remain on consent. Mr. Gathman stated that
he does.
The Chair asked if the applicant was here and wishes for this case to remain on consent as well. The
applicant indicated 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.
No Planning Commissioners wished to pull this case from the consent agenda as well.
The Chair continued to the last case on the consent agenda. He read the case into record.
CASE NUMBER: USR-1656
APPLICANT: Great Western Oil&Gas Company, LLC
• PLANNER: Chris Gathman
REQUEST: A Site Specific Development Permit and a Special Review Permit for oil and gas
production facilities(two oil and gas wells-and any additional wells allowed by the
Colorado Oil and Gas Commission drilled from the same pad along with a tank
battery site)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot 4 of the NW4NW4 and Lot 1 of the SW4SW4 of Section 4,T5N, R65W of the
6th P.M.,Weld County, Colorado.
LOCATION: Approximately 1,000 feet east of State Highway 85 and approximately 1,200 feet
north of East 8th Street(State Highway 263).
The Chair asked Mr. Gathman if he would like to have this case remain on consent. Mr.Gathman replied that
he does wish to have this case remain on consent, however staff did receive a letter from a surrounding
property owner and have created a condition of approval that would address their concerns.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant indicated 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.
The Chair asked the Planning Commission members if they wish to pull this case from the consent agenda.
No one wished to speak.
Robert Grand moved to approve the Consent Agenda, including USR-1660, USR-1655, and USR-1656 and
that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and
Development Standards along with the Planning Commission's recommendation of approval, seconded by
Tom Holton.
The Chair continued with the Hearing Items and read the following case into record.
• CASE NUMBER: AmUSR-1501
APPLICANT: Anderson Properties, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Special Review Permit for a Use
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