HomeMy WebLinkAbout20070219.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner, 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-1580
APPLICANT: Justin &Andrea Davis
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SW4 of Section 32, T12N, R60W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a home
business (manufacturing steel frames for steel washers) in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 99 and approx. 3/4 mile south of CR 136.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-60.D.A Goal 4 states:
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is within an area that can support such
development." The use will incorporate an existing building and will have little to no impact
on the surrounding area. The proposed business will be operated inside of an existing
building with no outside storage.
b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Sections 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. This parcel is surrounded by vacant land on the north,
south, west and east sides. A single family residence is located approximately 1 mile to the
north of this site.
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 3-mile referral area of any municipalities.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County
Code. The site is not located 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.6 --The applicant has demonstrated a diligent effort to conserve prime F�
agricultural land in the locational decision for the proposed use. The site is located on Ian m
that is designated as"prime if irrigated" per the 1979 USDA Prime Farmlands Map of Weld p Q
County. The proposed use is located on an existing developed site and is only 4.25 acres '�+ �1�
in size.
2007-0219
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Resolution USR-1580
Justin &Andrea Davis
Page 2
g. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. If the applicant is proposing any signs for the proposed home business, the applicant shall
submit a detailed signage plan to the Weld County Department of Planning Services.
(Department of Planning Services)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1580. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. County Road 99 is a local gravel road and requires a 60-foot right-of-way at full
build out. There is presently 60-feet of right-of-way. Thirty(30)feet from the
centerline of County Road 99 shall be indicated on the plat. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. (Department of Planning
Services/Department of Public Works)
C. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health and Environment. The
plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals to be stored on site.
3) The waste handler and facility where the waste will be disposed (include the facility
name, address, and phone number). (Department of Public Health & Environment)
Evidence of such shall be submitted to the Department of Planning Services.
D. A building permit shall be obtained for a change of use of the existing structure from an
outbuilding to manufacturing use. The applicant shall provide a letter from the Grover Fire
Protection District prior to applying for a building permit. Evidence of such shall be provided
to the Department of Planning Services. (Department of Building Inspection)
E. This application is to address a zoning violation (operation of a business without proper
permits)and was already brought before the Board of County Commissioners on February
14, 2006. As a result an investigation fee of 50% of the application fee ($600.00) shall be
paid to the Department of Planning Services. (Department of Planning Services)
F. 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-1580
Justin &Andrea Davis
Page 3
Upon completion of 1. and 2. 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)
In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty(60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
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 maoseco.weld.co.us. (Department of Planning Services)
3. 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
Justin &Andrea Davis
USR-1580
1. A Site Specific Development Plan and a Special Review Permit for a home business
(manufacturing steel frames for steel washers) 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. The business shall adhere to the requirements for a Home Business as defined in Section 23-1-90
of the Weld County Code. These requirements are:
A)The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein.
B) The use is clearly incidental and secondary to the principal permitted use and shall not
change the character thereof. (Department of Planning Services)
4. All materials and equipment associated with the business shall stored indoors as stated in the
application materials. (Department of Planning Services)
5. The business shall be limited to three (3) employees (family members) as stated in the application
materials. (Department of Planning Services)
6. The historical flow patterns and run-off amounts shall be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
7. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
8. 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)
9. 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)
10. 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)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
12. 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)
13. Adequate handwashing and toilet facilities shall be provided. Family members will utilize the
bathroom facilities in the residence. (Department of Public Health and Environment)
14. 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)
Resolution USR-1580
Justin &Andrea Davis
Page 2
15. The facility shall utilize the existing well. (Department of Public Health and Environment)
16. The existing well is not being used for commercial purposes in association with this business.
Should the applicant use the well for commercial purposes (for example, constructing a bathroom
for employees); a new commercial well permit shall be required. (Division of Water Resources)
17. A building permit shall be obtained prior to the construction of any new building, addition or remodel
of existing buildings. (Department of Building Inspection)
18. Buildings 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: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
19. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height of 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. Offset and
setback requirements are to the farthest projection from the building. (Department of Building
Inspection)
20. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each permit. Provide a Code Analysis
Data Sheet provided by the Weld County Building Department with each Building permit
application. (Department of Building Inspection)
21. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
22. 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)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240,Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250,Weld County Code.
25. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
26. 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.
27. 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.
Resolution USR-1580
Justin &Andrea Davis
Page 3
�—.. 28. 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
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
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, Voneen Macklin, 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 January 2, 2007.
Dated the 2nd of January, 2007.
Voneen Macklin
Secretary
l - , - ,24.1;t:-7
staying on Consent Agenda. No one wished to speak.
— CASE NUMBER: USR-1580
APPLICANT: Justin &Andrea Davis
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SW4 of Section 32, T12N, R60W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a home
business (manufacturing steel frames for steel washers) in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 99 and approx. 3/4 mile south of CR 136.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
staying on Consent Agenda. No one wished to speak.
Doug Ochsner moved to approve the Consent Agenda. Tom Holton seconded. Motion carried.
Meeting adjourned at 1:45p.m.
Respectfully submitted
Voneen Macklin
Secretary
EXHIBIT
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.SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 19, 2006
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, Chad
Auer, at 1:30 p.m.
ROLL CALL ABSENT
F l n
Chad Auer-Chair
Doug Ochsner-Vice Chair i
Paul Branham x-
Erich Ehrlich 1 _
Bruce Fitzgerald
Tom Holton
Roy Spitzer
James Welch
Mark Lawley
Also Present: Bruce Barker, Don Carroll,Jesse Hein,Trevor Jiricek,Char Davis,Pam Smith,Chris Gathman,
Jacqueline Hatch, Donita May.
The summary of the last regular meeting of the Weld County Planning Commission held on November 21,
2006, was approved as read.
1. CASE NUMBER: USR-1580
APPLICANT: Justin &Andrea Davis
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SW4 of Section 32, T12N, R60W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a home business (manufacturing steel frames for steel washers)
in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 99 and approx. 3/4 mile south of CR
136.
Chris Gathman, Department of Planning Services, said the applicant was unable to provide sufficient
notification due to illness and requested a continuance to the January 2,2007 Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved that Case USR-1580, be continued to the January 2, 2007 Planning Commission
hearing date. Bruce Fitzgerald seconded the motion.
Motion carried.
2. CASE NUMBER: CZ-1132
APPLICANT: Front Range Village LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SE4 SE4 SW4 of Section 7, T3N, R66W of the 6th
P.M., Weld County, Colorado.
i^ REQUEST: Change of Zone from R-5 (Mobile Home Residential)Zone
District to C-3 (Business Commercial)Zone District.
LOCATION: West of and adjacent to SH 85 and north of and adjacent to CR
34.
1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 7, 2006
A regular meeting of the Weld County Planning Commission was held Tuesday 2006, in the Weld County
Department of Planning Services, Hearing Room,918 10th Street,Greeley,Colorado. The meeting was called
to order by Chair, Chad Auer, at 1:30 p.m.
ROLL CALL
Erich Ehrlich
Roy Spitzer Absent
James Welch Absent
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham
Mark Lawley
Also Present: Brad Mueller, Kim Ogle, Roger Vigil, Hannah Hippely, Chris Gathman,
The summary of the last regular meeting of the Weld County Planning Commission held on October 17,2006,
2006, was approved as amended.
The following Items are on the Continued:
CASE NUMBER: USR-1560
APPLICANT: Justin&Andrea Davis
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SW4 of Section 32, T12N, R60W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a home
business (manufacturing steel frames for steel washers) in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 99 and approx. 3/4 mile south of CR 136.
Chris Gathman, Department of Planning Services read a letter requesting a continuance to December 19,
2006 to allow for mineral notification.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
Bruce Fitzgerald indicated this was a south hearing. Mr. Gathman stated this was agreeable to the applicant
due to his inability to be at the January 2, 2007 hearing.
Doug Ochsner moved to continue. Erich Ehrlich seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Mark
Lawley,yes; Erich Ehrlich,yes; Chad Auer,yes;Tom Holton,yes; Doug Ochsner,yes; Bruce Fitzgerald,yes;
Paul Branham, yes. Motion carried unanimously.
The following Items will be Heard:
CASE NUMBER: USR-1577
APPLICANT: Sheryl Hill
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-3591; Pt SE4 of Section 31, T7N, R64W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a use
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