HomeMy WebLinkAbout20071027.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, that the following resolution be introduced for approval by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1586
APPLICANT: Justin & Wendy Markwardt
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-1758; Pt SE4 of Section 34, T6N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District(Outdoor Storage of Recreational Vehicles,
Boats, Trailers, and Mini Warehousing for personal/household storage) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to F Street; approx 3/4 mile east of N. 59th Ave
be recommended favorably to the Board of County Commissioners for the following reasons:
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:
1. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
2. Sec.22-2-110.C.1.c. The proposed use attempts to be compatible with the adjacent
municipality's comprehensive plan.
3. 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.
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's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The application shall be signed by Wendy Markwardt, property owner.
2. Prior to recording the plat:
A. The applicant shall submit a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all landscaping,
transportation (access drive, parking areas, etcetera) and non-transportation (plant
materials, fencing, screening, water, signage etcetera). The applicant shall submit to the
Department of Planning Services an itemized landscaping bid for review. The agreement
and form of collateral shall be reviewed by County Staff and accepted by the Board of
County Commissioners prior to recording the Use by Special Review plat. Or the
applicant may submit evidence that all the work has been completed and approved by the
Department of Planning Services and the Department of Public Works. (Department of
Planning Services)
2007-1027
Resolution USR-1586
Justin Markwardt
Page 2
B. There appears to be an adjacent shed 0.2 feet into this property. The applicant, working
in conjunction with Robert and Patsy Drewer shall find a resolution to this issue. Written
evidence of a course of action shall be submitted to the Department of Planning Services)
C. The applicant has not delineated any on-site sign(s). If on-site sign(s) are desired the
Department of Planning Services shall be notified in writing. If the applicant does not
notify the Department of Planning Services signs shall adhere to Article IV Division 2 of
the Weld County Code as it related to signs in the A(Agricultural)Zone District. Further,
the location of the sign, if applicable shall be delineated on the USR plat. (Department of
Planning Services)
D. The applicant has not indicated that there will be any lighting on site. If lighting is intended
a Lighting Plan, including cut sheets of the intended lights, shall be provided to the
Department of Planning Services for review and approval. The lighting plan shall adhere
to the lighting requirements outline in Section 23-3-250.B.6 of the Weld County Code.
Further, the approved Lighting Plan shall be delineated on the plat. (Department of
Planning Services)
E. The septic system serving the home 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.
F. The applicant shall obtain a commercial well permit. Written evidence shall be submitted
to the Department of Planning Services, from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for the commercial use.
G. The applicant shall submit to the Department of Planning Services, for review and
approval, a Landscaping and Screening plan that addresses to staff's satisfaction the
Weld County Landscape referral dated November 9, 2006.
H. The applicant shall submit to the Department of Public Works a site drainage study and
plan. The site drainage plan must comply with all detention, water quality, and release
standards found in Chapter 8 and Section 23-3-250a.1. of the Weld County Code.
Evidence of approval of this plan shall be submitted to the Department of Planning
Services. Necessary detention shall be delineated on the plat. (Department of Public
Works)
The applicant shall provide the Department of Public Works with a detailed site access
and circulation plan that addresses the concerns and requirements of the referral dated
November 10, 2006. Evidence of approval of this plan shall be submitted to the
Department of Planning Services. (Department of Public Works)
J. The applicant shall attempt to address the requirements (concerns)of the Greeley
Irrigation Company, as stated in the referral response dated November 15, 2006.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Greeley Irrigation Company)
K. The applicant shall attempt to address the requirements (concerns)of the City of Greeley,
as stated in the referral response dated November 7, 2006. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (City of
Greeley)
L. The applicant shall submit a dust abatement plan for review and approval, to the
Resolution USR-1586
Justin Markwardt
Page 3
Environmental Health Services, Weld County Department of Public Health &
Environment. Written evidence of approval of this plan shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
M. The applicant shall submit evidence to the Weld County Planning Department that the
septic system has been appropriately permitted by the Weld County Department of Public
Health & Environment. (Department of Public Health and Environment)
N. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals 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).
Written evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
O. The plat shall be amended to delineate the following:
1). All pages of the plat shall be labeled USR-1586 (Department of Planning
Services)
2). The attached Development Standards. (Department of Planning Services)
3). The approved Landscape and Screening Plan. (Department of Planning
Services)
4). The approved access, circulation, and drainage plan. (Department of Planning
Services)
5). Any approved signs, if applicable. (Department of Planning Services)
6). Spaces reserved for the parking of vehicles and all loading zones shall be
delineated on the plat. This facility shall adhere to the number of on-site parking
spaces indicated in Appendix 23-B of the Weld County Code. The total number
of on-site parking spaces for the office/residence associated with this facility shall
be four (4) spaces. There shall be one parking space associated with each
storage locker. All parking, loading areas and street access drives shall be
designed and constructed in accordance with Section 23-3-350.B, Section 23-3-
350.C, Section 23-3-350.D, Section 23-4-30.C, and Appendix 23-A. (Department
of Public Works)
7). The off-street parking area, access drive, and storage facility shall be surfaced
with recycled asphalt, gravel, recycled concrete, asphalt, concrete or an
equivalent material. The plat shall delineate the location and type of surfacing
material. (Department of Public Works)
8). The applicant shall make a reasonable attempt to meet the requirements of the
American with Disabilities Act (ADA)and comply with ADA standards for this
Resolution USR-1586
Justin Markwardt
Page 4
facility. One (1) non-ambulatory/ambulatory parking space associated with the
office/residence shall be identified and shown on the plat. The parking space
must be the closest possible to the entrance. Should the applicant elect to not
adhere to the previously discussed Federal Standards, this office requests that
the applicant outline how their proposed site design attempts to comply with the
requirements of the American's with Disabilities Act. (Department of Planning
Services)
9). F Street is classified as a future arterial roadway. This classification of road
requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-
of-way. This road is maintained by Weld County. An additional forty(40)feet of
right-of-way shall be delineated on the plat as future F Street Right of Way. All
setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way.
(Department of Public Works)
10). The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
11). 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)
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)
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006,should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Recorded Exemption/Subdivision Exemption/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)
6. Prior to operation:
A. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area. The applicant shall inquire with
the Water Quality Control Division (WQCD) of the Colorado Department of Public Health
and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
stormwater discharge permit. Alternately, the applicant can provide evidence from
WQCD that they are not subject to these requirements. (Department of Public Health and
Environment)
7. 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 and Wendy Markwardt
USR-1586
1. The Site Specific Development Plan and Special Use Permit is for a use permitted as a Use by Right,
and Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone districts
(Outdoor Storage of Recreational Vehicles, Boats, Trailers, Vehicles, and Mini Warehousing for
personal/household Storage) 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. 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. As stated in the application materials,the hours of operation will be limited to 10:00 AM to 2:00 PM on
Mondays, Wednesdays, and Fridays. (Department of Planning Services)
5. As stated in the application materials, employees shall be limited to the property owners.
(Department of Planning Services)
6. All vehicles located on the property must be operational and have current license plates and tags.
(Department of Planning Services)
7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment)
12. Adequate handwashing and toilet facilities shall be provided for patrons of the facility. Patrons to the
site shall be allowed to use the restroom facilities located at the residence. (Department of Public
Health and Environment)
13. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
Resolution USR-1586
Justin Markwardt
Page 6
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. This
application is proposing a well as its source of water. The applicant should be made aware that while
they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources,the quantity of water available for usage may be limited to specific uses,i.e.domestic use
only, etc. Also,we strongly encourage the applicant to test their drinking water prior to consumption
and periodically test it over time. (Department of Public Health and Environment)
15. 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)
16. 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)
17. A building permit shall be obtained prior to the construction of any structure. (Department of Building
Inspection)
18. A plan review is required for each building for which a building permit is required. Plans will be
required to bear the wet stamp of a Colorado registered architect or engineer.Two complete sets of
plans are required when applying for each permit. (Department of Building Inspection)
19. Provide letter of approval Union Colony Fire Protection District to the Weld County Building
Department prior to construction of any structure. (Department of Building Inspection)
20. 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)
21. 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)
22. All landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
23. Landscaping materials as indicated in the approved Landscape/Screening Plan shall be maintained
at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and
quality at the earliest possible time. (Department of Planning Services)
24. The applicant shall adhere to the approved Lighting Plan. (Department of Planning Services)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
27. The property shall be maintained in such a manner that grasses and weeds are not permitted to grow
taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious
weeds. (Department of Public Works)
28. 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.
Resolution USR-1586
Justin Markwardt
Page 7
29. 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.
30. 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, 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 the 6th of March, 2007.
Dated the 6th of March, 2007.
<t-U- UYI
Kristine Ranslem
Secretary
.5 4-X 1
CASE NUMBER: USR-1598
APPLICANT: Kinder Morgan
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SE4 of Section 5, T11N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Mineral Resource Development Facility including Natural Gas
Processing Facility in the A(Agricultural) Zone District.
LOCATION: West of and adjacent to State Hwy 85; north of and adjacent to
CR 132.
CASE NUMBER: AmUSR-543
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
LEGAL DESCRIPTION: NE4SE4 of Section 34, T7N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special
Review Permit for a Mineral Resource Development Facility
including a Natural Gas Processing Facility in the A (Agricultural)
Zone District.
LOCATION: West of and adjacent to CR 33; north of CR 74.
CASE NUMBER: USR-1600
APPLICANT: SLW Ranch Company(Stow Witwer)
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part NW4 of Section 11, T5N, R64W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
one (1) single-family dwelling unit other than those permitted
under Section 23-2-20.A of the Weld County Code (a guest
house to be built in addition to an existing 2 story residence) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 58.5; 1/4 mile east of CR 55.
The Chair asked if there was anyone in the audience who wished to speak for or against any items on the
Consent Agenda, which would include USR-1596. No one wished to speak.
Bruce Fitzgerald moved that Cases USR-1596, USR-1594, USR-1598, AmUSR-543, and USR-1600 be
forwarded to the Board of County Commissioners along with the Conditions of Approval and Development
Standards with the Planning Commissions recommendation of approval. Tom Holton seconded the motion.
Motion carried unanimously.
HEARING ITEMS
CASE NUMBER: USR-1586
APPLICANT: Justin & Wendy Markwardt
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-1758; Pt SE4 of Section 34, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone District
(Outdoor Storage of Recreational Vehicles, Boats, Trailers, and
Mini Warehousing for personal/household storage) in the A
(Agricultural)Zone District. qa
LOCATION: South of and adjacent to F Street; approx 3/4 mile east of N. 59`h vl
Ave. 3 4
3 17YC g
Hannah Hippely, Department of Planning Services stated that the property is located South of and
adjacent to F Street and approximately%mile east of North 59th Avenue. The adjacent properties are all
zoned agricultural. Use by special reviews in the vicinity include a USR-978 and 2nd AMUSR-247 for a
gravel pit to the north east and USR-1515 for a telecommunications tower to the north-west.
The sign announcing this Planning Commission meeting was posted by staff December 21, 2006.
Twelve referral agencies reviewed this proposal. Eleven responded and either stated that they did not
have a conflict with the use or expressed concerns that should this application be approved staff has
attempted to address through the Conditions of Approval and Development Standards.
Planning Staff is recommending the denial of this application due to its inconsistency with Sections of the
Weld County Code.
Specifically:
• Section 22-2-110C.1 calls for proposals in the UGB to meet a set of criteria. This proposal is
located within the City of Greeley's Urban Growth Boundary and does not meet all of the
necessary criteria.
• Section 23-2-220A.4. calls for the proposed use to be compatible with future development as
projected by the Master Plans of affected municipalities. The City of Greeley has indicated that
the proposed use does not comply with their Comprehensive Plan.
• Sections 22-2-20.3.b. and 22-2-60 address the need for adequate services and infrastructure
which at this time the applicant has not demonstrated that the project will have adequate water or
sewer services to serve the commercial use.
• Lack of demonstrated service adequacy is also inconsistent with Section 23-2-220.A.7 which calls
for adequate provision of services for the protection of health, safety and welfare of the inhabitants
of the neighborhood and county.
Hannah noted she would like to address one correction to the Conditions of Approval.
Currently Condition of Approval 2.O.9 on page 6 reads F Street is classified as a future arterial roadway.
This classification of road requires a 140-foot right-of-way at full build out. There is presently a 60-foot
right-of-way. This road is maintained by Weld County. An additional forty(40)feet of right-of-way shall be
delineated on the plat as future F Street Right of Way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the
right-of-way.
To reflect the corrected Public Works referral dated November 15, 2006 this Condition of Approval should
read ”F" Street is classified as a local paved roadway. This classification of road requires a 60-foot right-
of-way at full build out which currently exists so we are not asking for any additional right-of-way.
Doug Ochsner asked for Hannah to point out on the pictures where the proposed parking will be located.
Hannah showed the eastern boundaries of the property and from what she understands the bulk of the RV
parking will be located off to the left.
Tom Holton asked if the property was within any flood zone. Justin Markwardt replied that it was not.
Paul Branham asked if the south boundary of the property is up against the city limits of the City of
Greeley. Hannah showed that according to map the property is approximately 200' away from the Greeley
City limits.
Doug Ochsner inquired about the gravel mine. Hannah replied that a portion of the gravel mine property
has been incorporated into the City of Greeley. They are currently mining and it appears that it has been
in operation for some time.
Justin Markwardt, 4804 F Street, Greeley, CO said that he and his wife plan to operate the RV Storage
business. He has applied for and received cistern approval for public water use last Tuesday February 27,
2007. They have also received a request from the Health Department to obtain an Engineers letter stating
4
that the septic system would be appropriate for the use that they have described. Mr. Markwardt has
received a letter from the Engineer February 1, 2007 and the Health Department does have that on file.
The Health Department chose to wait until the cistern was approved before they do a specific site study
which is currently in process.
Mr. Markwardt said the City has expressed concerns that they do have a park that is located '/,mile away
from property. He also stated that their storage facility is on the east side of the house and the dog park is
on the west side; therefore the public will not be able to see the storage facilities.
Mr. Markwardt handed out a Gravel Resource Evaluation and Reservoir Feasibility Study for the City of
Greeley F Street property which was just completed this month. He commented what this study outlines is
a gravel mining operation on sixty(60) acres and three (3) ponds. The mining operation would be a 7-10
year process and that mining operation would require a change in zoning. In the City's comments they
have questioned the highest and best use for the property. Mr. Markwardt has asked for further input on
what that use would be, and the City was not able to answer that. He believes that what he proposes
would be the highest and best use for the area. Included in the handout information is the last outside
storage facility of which is a mini-storage/RV storage area that was approved into the City of Greeley and
is located in the middle of residential areas. Mr. Markwardt commented that the City of Greeley has
cracked down on RV storage within the City and as a result there is a demand for a place to park the RV's
and would like to help fulfill that niche.
Doug Ochsner asked for Mr. Markwardt to explain any security provided such as fencing and lighting. Mr.
Markwardt replied that Weld County requires a six (6)foot privacy fence to encase the RV storage which
is what they would install. He also indicated that he has submitted plans for a mini-warehouse facility as
well, which are long term plans, and would plan for a metal fence that is decorative around that portion.
He further commented that they will have a security gate for entrance into the RV storage area. Doug
Oschner asked if the property will be lit 24 hours a day. Mr. Markwardt commented that he is open to
suggestions, however at this time he is not thinking of having lighting as they will be open during daylight
hours and does not foresee an issue with vandalism.
Tom Holton asked within the application there was a termination date and inquired what that was about.
Commissioner Holton asked the applicant if there was something else that they plan on doing with this
property within 10 years. Mr. Markwardt replied no, however the City of Greeley did have a concern of
what would happen if he chose not to do the RV storage and if he would build the mini-warehouses. Since
that referral he has done extensive research on buildings and found there is quite a used market for
buildings so should they build a mini-warehouse facility and at some point that not become feasible the
removal plan to remove the structures and return the land to the native condition would be to re-sell the
buildings and scrape the concrete off the property.
Mark Lawley asked if they would decide to put mini-storage units up, would they have to come back
through this process. Hannah replied that because it is included in the current application today they
would not have to come before the Planning Commission again with regard to the mini-storage
warehouses.
Doug Ochsner asked Mr. Markwardt about approaching the City of Greeley with the possibility of
annexation of the property. Mr. Markwardt stated he did attempt to try to get annexed into the City
because he thought he needed the water; however they informed him that he cannot be annexed into the
City because 1/6 of the land property must border the City and Mr. Markwardt does not have that.
The Chair opened up the public portion of the hearing and asked if anyone wished to speak for or against
this application. No one wished to speak; therefore the public portion was closed
Tom Holton mentioned that the City of Greeley has a sewer main on F Street and inquired if this property
is going to be required to hook up to that sewer if their septic system fails. Char Davis with Weld County
Health Department, stated that if their septic system is working properly and they have a sewer main that
runs by, they don't have to hook up. However, as soon as that system fails and they are within 400' of the
City's main they cannot get a permit to repair it. Right now the Department of Health is working with them
on the evaluation of the septic system and still is in need of another Engineer's letter. Char commented
5
that they have received the one, however it doesn't give enough information and so she talked to Mr.
Markwardt about the letter and basically it only mentions the cistern and does not mention the fact that
they will be increasing the use as far as the numbers of people visiting. Commissioner Holton asked if the
cistern was for water or sewer. Char clarified that it was for water and it is her understanding that Mr.
Markwardt has a domestic well that is primarily suited for domestic uses such as watering of his
landscape and so forth.
Don Carroll, Department of Public Works, stated that he has talked with Mr. Markwardt concerning the
main access to the facility. The Department wants to make sure that the tree in the center of the access
gets removed and the access be improved to accommodate larger RV's and rental trucks, etc. Don
indicated that Mr. Markwardt has also talked with the Drainage Division to make sure that we are going to
retain and release the stormwater drainage on site.
Doug Ochsner asked Hannah to review again the staff's recommendation for denial of this application. He
further asked that if there is concern regarding the infrastructure, which is septic and water, if we took
those out and the applicant was able to meet that criteria, is the rest of the reasoning for denial just solely
based on compatibility with the City of Greeley. Hannah Hippely replied that to an extent it is and that the
Weld County Code mentions it twice. She indicated that it is noted once in the Urban Growth Boundary
set of criteria and again in the criteria for USR's themselves. Hannah cited Section 23-2-220A.4, the Use
by Special Review and the Urban Growth Boundary Section 22-2-110C.1 c.
Commissioner Auer confirmed with Hannah that no one from the City of Greeley was here to visit with this.
Hannah replied that there was not.
Tom Holton made a motion to amend the Condition of Approval which is on Page 6, Number 9 of the
"Prior to recording plat"as per staff recommendation. Bruce Fitzgerald seconded. Motion carried.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval
and if he is agreement with those. Mr. Markwardt replied that he is in agreement.
Chad Auer commented that according to the Planning Staff's perspective they have to recognize the City
of Greeley's Comp Plan. Commissioner Auer asked Char Davis if there was any other information
regarding the infrastructure. Char mentioned that Mr. Markwardt has a good well but he did not want to
change the designation. She stated that they are planning on putting the cistern out there and not quite
sure how that's going to work. According to Health Department staff they were going to ask for denial of
that cistern before it was approved. Char further indicated that cisterns are usually there for people who
have no water, and is really for a hardship and that's not the case here, although there may be other
circumstances that she was not aware of. Char does not know where they will get their water from
because they are not going to be allowed to take the water from that well. As far as the septic system the
applicants were asked if they have bathroom facilities and if they want their home to be a place where the
public can use the bathrooms. Char indicated that is what they are asking to be evaluated by an Engineer
in which she is still waiting for a letter on what their determination is. She mentioned that at that point it
will have it go through their staff.
Tom Holton asked Char why you wouldn't be able to use the cistern to store that water if you are allowed
to have 15 gpm. Char replied that the reason the State doesn't want him to have the ability to use the well
that he has now is because right now he has a well that produces 15 gpm and is for ordinary household
purposes inside a one-single family dwelling, fire protection, watering of domestic animals, watering of
livestock, and irrigation of not more than 21,000 square feet of garden and lawns. If he changes this well
permit and makes it commercial, he may loose all that. She further stated that she doesn't know where
the water is coming from because he is trying to get around using this well by using another water source.
Commissioner Holton commented that it still seems like when you're allowed 15 gpm and if it's your water
you should be allowed to do whatever you want with it. If the cistern has a finite volume on it, it should be
able to figure out how much you can water according to what he's allowed now. Char indicated that it
would be a different permit because it wouldn't have the same ability to use that much water. Char
commented that basically the situation is that they didn't want to change the designation of their well and
she is assuming that he is getting water from some other source.
6
Paul Branham stated that this is much more complicated than you would think at first glance.
Commissioner Branham said that we have to give some concern to the City's position but there are a
number of circumstances in his opinion to the City's position. First of all, in driving to that area it looks like
a flood plain, however it's not so he would think that would detract from the future use of this as any prime
residential area. Commissioner Branham further stated that he believes the issue with the gravel pit,
which the City owns, is not consistent with a prime residential area. He also said that currently there are
no citizens objecting to this and has a tendency to side with the applicant in this case.
Bruce Fitzgerald commented that Greeley had a chance when Mr. Markwardt went to them to ask for
annexation. He believes the argument of the gravel pit and water storage facility across the street is a
strong reason to approve this.
Mark Lawley moved that Case USR-1586, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards as amended with the Planning Commission's
recommendation of approval. Doug Ochsner seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision.
Paul Branham voted yes with comment. Paul stated that he believes the applicant's proposed use is
compatible with the future use of that area and he based that on Weld County Code 23-2-220a.4.
Erich Ehrlich voted no with comment. Erich stated that because of the fact that it is within 1/2 mile of the City
limits and the Greeley Urban Growth Boundary based on 22-2-110c. He believes that we have to account for
the fact Greeley is saying it's not compatible with their use.
Mark Lawley voted yes with comment. Mark stated that according to the memo Hannah provided,the City of
Greeley indicated that they do not plan to annex the property although according to the applicant he did
approach the City of Greeley and ask to be annexed.
Tom Holton voted yes with comment. Tom commented that he agrees with Commissioner Branham in that it
is compatible with this area given the gravel pit and also he is still not in agreement with protecting the UGB.
Tom stated that if they don't come in to us with an IGA then he doesn't see any reason as the Planning
Commission is the last resort for the property owner.
Doug Ochsner voted yes with comment. Doug commented that in addressing the UGB if the applicant has
stated that he has approached the City and they have told him that this property cannot be annexed he feels
that it has shown that Section 22-2-11oc.1 the proposed use attempts to be compatible with the adjacent
Municipality's Comprehensive Plan. Doug further stated that since the applicant cannot be part of the City of
Greeley, in his opinion it defaults back to the County Section 23-2-220a.4 the use which will be permitted will
be compatible with future development of the surrounding area as permitted by the existing zoning.
Bruce Fitzgerald voted yes.
Chad Auer stated that his vote is no,not because he agrees with the Comp Plan issues, however in this case
he believes municipalities have an obligation to participate in the process. Chad commented that we only
received correspondence from the City of Greeley. Commissioner Auer voted no, citing Section 22-2-60a
which deals with the infrastructure of adequate services such as septic, water, etc. He stated that he
understands that as the application sits right now the integrity of process is still there to a degree;however he
is not so sure the issues have been addressed to that section of code.
Motion carried.
The Chair stated to take a five minute recess at 2:24 p.m.
CASE NUMBER: USR-1599
APPLICANT: Carr Community Church c/o Darlene Blaney
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lots 13, 14, and 15, Block 11, Carr Townsite, being part of the
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-U -,7oc7
2. CASE NUMBER: USR-1586
APPLICANT: Justin &Wendy Markwardt
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-1758; Pt SE4 of Section 34, T6N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone District
(Outdoor Storage of Recreational Vehicles, Boats, Trailers, and
Mini Warehousing for personal/household storage)in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to F Street; approx 3/4 mile east of N. 59th
Ave.
Hannah Hippely, Department of Planning Services, said this case was continued from last month as the
applicant was trying to address water and sewer concerns which had not been resolved to date due to the
recent weather. The applicant was requesting a continuance to the March 6, 2007 hearing date.
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 public portion of the hearing was closed.
Tom Holton moved that Case USR-1586 be continued to the March 6, 2007 hearing date. Bruce Fitzgerald
seconded the motion. Motion carried.
CONSENT I EMS
3. CASE NUMBER: CZ-1135
APPLICANT: Jason and Lisa Slater
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot 12, Black Hollow Acres, First Filing, Section 33, T8N, R67W
of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to E (Estate).
LOCATION: North of and adjacent to CR 86 and approximately 1/4 mile west
of CR 19.
Hannah Hippely, Department of Planning Services,asked that Case CZ-1135 remain on the consent agenda.
The Chair asked the applicants if that was also their wish and they replied it was.
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 public portion of the hearing was closed.
4. CASE NUMBER: RS-1136
APPLICANT: Jason & Lisa Slater
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot 12, Black Hollow Acres, 1st Filing, Section 33, T8N, R67W of
the 6th P.M., Weld County, Colorado.
REQUEST: Resubdivision for the creation of an additional lot.
LOCATION: North of and adjacent to CR 86; approximately 1/4 mile west of
CR 19.
Hannah Hippely, Department of Planning Services, asked that Case RS-1136 remain on the consent agenda.
The Chair asked the applicants if that was also their wish and they replied it was.
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 public portion of the hearing was closed.
2
) -2- aoot7
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 2, 2007
A regular meeting of the Weld County Planning Commission was held Tuesday January 2,2007, in the Weld
County Department of Planning Services, Hearing Room, 918 101h Street, Greeley, Colorado. The meeting
was called to order by Chair, Chad Auer, at 1:30 p.m.
ROLL CALL
I 1
Erich Ehrlich Absent 0 N _,
Roy Spitzer Fr; o
'
James Welch Absent = .�
Bruce Fitzgerald _i_.
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham Absent
Mark Lawley
Also Present: Don Carroll, Char Davis, Chris Gathman, Hannah Hippely
The summary of the last regular meeting of the Weld County Planning Commission held on December 19,
2006, was approved as read.
There is an amendment to the agenda. Case USR-1580 will be moved to the Consent Agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against moving USR-1580 to
the Consent agenda. No one wished to speak.
Bruce Fitzgerald moved to have USR-1580 moved to the Consent Agenda. Tom Holton seconded. Motion
carried.
The following cases will be continued:
_ CASE NUMBER: USR-1586
APPLICANT: Justin &Wendy Markwardt
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-1758; Pt SE4 of Section 34, T6N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a use
permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone District(Outdoor Storage of
Recreational Vehicles, Boats, Trailers, and Mini Warehousing for
personal/household storage) in the A(Agricultural)Zone District
LOCATION: South of and adjacent to F Street; approx 3/4 mile east of N. 59th Ave.
Hannah Hippely, Department of Planning Services, read a letter requesting a continuance to February 6,
2007 to address some concerns staff has in regards to the application.
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 moved to continue USR-1586 to February 6, 2007. Roy Spitzer seconded. Motion
carried.
CASE NUMBER: USR-1590
APPLICANT: Contreras Farms Inc
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