HomeMy WebLinkAbout20061160.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-1547
APPLICANT: Charles and Penny Myers
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2450, part NE4 Section 14, T3N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit
for a Home Business (animal/pet crematory) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 34; approximately 1 mile east of
Interstate 25.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff 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 22-2-150.6.5 (I. Policy 2.5.b) states"ensure the compatibility with surrounding land
use in terms of general use, building height, scale, density, traffic dust and noise." The
primary use of the property is residential. The crematory facilities will not have a negative
impact on the surrounding properties. The facility will be located in an existing structure on
site not altering the character of the site.
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 a home business
(animal/pet crematory) 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 surround property is primarily agricultural with single family
homes. A single family home is located in close proximity directly to the west of the property.
The home is currently utilizing an on-site septic system and the water will be provided by Little
Thompson Water District.
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 subject property is within the three-mile referral area for the City of
Longmont and the Town of Mead. The City of Longmont indicated in their referral that they
do not object to the application and find no conflicts with their interests. The Town of Mead
in their referral indicated that the Town Board would ask that the County require the applicant
to petition to annex to the Town. The Town of Mead is currently approximately%mile to the
west of the site.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
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)
EXHIBIT
C32006-1160
Resolution USR-1547
Charles and Penny Myers
Page 2
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
agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Maps
indicate that the soils on this property are designated as"prime irrigated"farmland of Weld
County. The size of the parcel does not allow for a viable farming option.
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 Department of Planning Services'staff recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioner's hearing:
A. The applicant shall submit a detailed signage plan to the Department of Planning Services.
(Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall attempt to address the concerns/requirements of the Mountain View Fire
Protection District as stated in their referral dated February 17,2006. Written evidence shall
be provided to the Department of Planning Services. (Department of Planning Services)
B. The Longmont Soil Conservation District has provided information regarding the soils on the
site. The applicant shall review the information and use it to positively manage on site soils.
(Department of Planning Services)
C. The applicant shall attempt to address the concerns/requirements of the Town of Mead as
stated in their referral dated February 15, 2006. Written evidence shall be provided to the
Department of Planning Services. (Department of Planning Services)
D. The applicant shall complete a Nonexclusive License Agreement for the upgrade and
maintenance of County Road 11 right-of-way. There is a $150 fee for the fabrication and
installation of blue and white cross road signs identifying the section line road intersection for
the use of addressing and emergency response. The blue and white signs identify a non-
maintained County right-of-way. Distance and location from the nearest county road may
require additional information signs. The fee for the sign designating the access as a non-
maintained county right-of-way shall be paid to the Department of Public Works and the sign
shall be installed prior to recording the plat. If existing signs are in place, the fee and
installation may be waived by the Department of Public Works. Evidence of such shall be
submitted to the Department of Planning Services. (Department of Public Works)
E. The applicant shall submit to the Weld County Department of Building Inspection a building
permit for the change in use of the existing building. The applicant shall also address the
concerns/requirements as outlined in their referral dated February 13, 2006. Written
evidence shall be provided to the Department of Planning Services. (Departments of
"as. Planning Services and Building Inspection)
Resolution USR-1547
Charles and Penny Myers
Page 3
F. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division,Colorado Department of
Health and Environment. Written evidence of approval shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
G. 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. Written
evidence of approval 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).
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)
H. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1547. (Department of Planning Services)
2. The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3. County Road 34 is designated on the Weld County Classification Plan as a collector
status road, which requires an 80-foot right-of-way at full build out. There is
presently 60-foot right-of-way. A total of 40 feet from the centerline of County Road
18 shall be delineated on the plat as future right-of-way of County Road 34. This
road is maintained by Weld County. (Department of Public Works)
4. The plat shall delineate the non-exclusive agreement for County Road 11.
(Department of Public Works)
5. The plat shall delineate the existing access point as approved by the Weld County
Department of Public Works in their referral dated February 3,2006. (Department of
Public Works)
6. The off street parking spaces including the access drive shall be surfaced with
gravel, recycled asphalt, or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
7. The attached Development Standards. (Department of Planning Services)
I. 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)
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4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required thirty(30) days from the date the Board of County Commissioner's
Resolution USR-1547
Charles and Penny Myers
Page 4
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
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. 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
Charles and Penny Myers
USR-1547
1. The Site Specific Development Plan and a Special Review Permit for a Home Business (animal/pet
crematory) 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. No employees beyond those living on-site are permitted as stated in the application material.
(Department of Planning Services)
4. 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)
5. 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)
6. 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)
7. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
10. Adequate toilet and handwashing facilities shall be provided for patrons of the facility. Patrons shall
be allowed to use the residence restroom facilities. (Department of Public Health and Environment)
11. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
12. The facility shall utilize the existing public water supply(Little Thompson Water District). (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
the existing building. (Department of Building Inspection)
14. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Plans may 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)
15. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distanced shall be determined
by the Weld County Code. (Department of Building Inspection)
16. 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 Internationals Residential Code:2003 International Mechanical Code: 2003 International
Plumbing Code:2003 International Fuel Code:and the 2002 National Electrical Code and Chapter 29
of the Weld County Code. (Department of Building Inspection)
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 Public Works)
18. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
19. The off street parking spaces including the access drive shall be surfaced with gravel, recycled
asphalt,or the equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
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. 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)
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 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.
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.
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Motion seconded by Chad Auer.
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Doug Ochsner
Chad Auer
James Welch
Tom Holton
Erich Ehrlich
Roy Spitzer
Paul Branham
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, Donita May, 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 March 21,2006.
Dated the 21st of March, 2006.
Donita May
Secretary
:3-- /-. ac,
2006 in order to meet the fifteen day legal notification.
3. CASE NUMBER: PZ-1097
APPLICANT: Breakneck Weld Properties
PLANNER: Kim Ogle
LEGAL DESCRIPTION: N2NW4 of Section 6, T3N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Change of Zone from A (Agricultural)to PUD for 9 lots with E
(Estate)Zone Uses.
LOCATION: East of and adjacent to CR 1; south of and adjacent to CR 38
Section Line.
Kim Ogle, Department of Planning Services, requested a continuance to April 4, 2006, in order to meet the
fifteen day legal notification required for a PUD (Planned Unit Development). The applicant, Tom
Radigan, is present and has agreed to the continuance.
Doug Ochsner asked the reason for the continuances- was it a staff or applicant mistake and would the
continuances cause any hardship for the applicants. Mr.Ogle replied that it was due to a staff mistake where
the two recording secretaries were training together and failed to submit the legal notifications when they
should have. Mr. Ogle said there would be no hardship involved for the applicants, and that a tertiary legal
notification system had been put in place to assure this did not occur in the future.
The Chair asked if there was any discussion for or against these continuances. No one wished to speak.
Paul Branham moved that Cases Am USR-1476 and PZ-1110 be continued to April 18,2006,and Case PZ-
1097 be continued to April 4, 2006. Tom Holton seconded the motion.
,., The Chair asked the secretary to poll the members of the Planning Commission for their decision. James
Welch, yes; Erich Ehrlich, yes; Tom Holton, yes; Chad Auer, yes; Doug Ochsner, yes; Paul Branham, yes;
Bruce Fitzgerald,yes. Motion carried unanimously.
Consent items:
— 4. CASE NUMBER: USR-1547
APPLICANT: Charles and Penny Myers
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2450, part NE4 Section 14, T3N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit
for a Home Business (animal/pet crematory) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 34; approximately 1 mile east of
Interstate 25.
Jacqueline Hatch, Department of Planning Services, said the applicants wished to remain on the consent
agenda. The Chair asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
5. CASE NUMBER: USR-1538
APPLICANT: Matthew& Kristi Morrision
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Northmoor Acres Subdivision, 2n° Filing, Lot 8, Block 4, being
part of the SW4 of Section 24, T4N, R68W of the 6th P.M., Weld
County, Colorado.
en. REQUEST: Site Specific Development Plan and Special Review Permit for a
Home Business (Morrison Engineering) in the (A)Agricultural
Zone District.
4 EXHIBIT
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V]547
LOCATION: East of Northmoor Drive on Sage Court, and 300 feet north of
CR 42.
Kim Ogle, Department of Planning Services, said he had provided the board, prior to this hearing, with a
memorandum dated March 21, 2006, saying the HOA(Home Owners Association) had come to an
agreement with the Morrisons. This case was continued from January 17, 2006 at the request of the
Morrisions so that they could address the concerns of the HOA. Mr. Ogle said exhibit ten,from the
Northmoor Acres HOA and signed by Jim Russo, HOA president, stated the HOA is in support of the
application as proposed and they have no issues with the applicant's request. Mr. Ogle said planning staff
is requesting it remain on the consent agenda and the applicant is in support of this request.
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-1547 and Case USR-1538, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Chad Auer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. James
Welch, yes; Erich Ehrlich, yes; Tom Holton, yes; Chad Auer, yes; Doug Ochsner, yes; Paul Branham, yes;
Bruce Fitzgerald, yes. Motion carried unanimously.
Specific time for public input has been set aside for discussion on the following items:
6. CASE NUMBER: 3rdAmUSR-842
APPLICANT: Tire Recycling Inc.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots A& B of RE-1367; part S2N2SE4 and N2S2SE4 Section 32,
T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: 3rd Amended Site Specific Development Plan and Special
Review Permit for a solid waste disposal site and facility
(commercial junkyard and salvage yard including tire landfill,
storage, shredding and recycling facility)
manufacturing/processing facility(cryogenic processing/crumb
rubber)and a mobile home for housing in the 1-3 Zone District.
LOCATION: West of and adjacent to CR 41 and approximately 1 mile south of
CR 28.
Jacqueline Hatch, Department of Planning Services,said Dwain Immel/Tire Recycling Inc. has applied for an
Amended Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and facility
(commercial junkyard and salvage yard including tire landfill, storage, shredding and recycling facility), heavy
manufacturing-processing facility(cryogenic processing—crumb rubber)and a mobile home for housing in the
1-3 Zone District.
This case was continued at the March 7, 2006 Planning Commission hearing to today to allow for the
Environmental Health Department to provided comments regarding this application. The Environmental Health
Department referral was received by the Planning Department March 15,2006, and has been incorporated into
the staff comments.
The sign announcing the planning commission hearing was posted on February 23, 2006 by staff.
The site is located west of and adjacent to County Road 41 and north of and adjacent to County Road 26
(section line).
The area consists of approximately 120 acres and is currently being utilized as a Commercial Junkyard and
Salvage Yard (tire landfill, storage and recycling facility) along with a Certificate of Designation and a mobile
home for housing of tire purchasers in the 1-3 (Industrial)Zone District.
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