HomeMy WebLinkAbout20020493.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas 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-1366
Planner: Kim Ogle
Applicant: Stacey& Shawn Greathouse
444 La Costa Lane,
Johnstown, CO 80534
Request: A Site Specific Development Plan and a Special Review Permit for Any
use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts (Majestic Fence
Company), provided that the property is not a Lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions, in the A
(Agricultural)Zone District.
Legal Description: Lot B of RE 2720; Pt S2 SW4 Section 32, T5N, R67W of the 6th P.M.,
Weld County, CO
Location: North of and adjacent to Weld County Road 50 and west of and
adjacent to Weld County Road 15 1/2
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 ordinances in effect. Section 23-2-60.B.1 (A. Goal 2)allows
for commercial and industrial uses to locate in the Agricultural Zone District when the impact
to surrounding properties is minimal, and where adequate services and infrastructure are
available. The Development Standards,Conditions of Approval,and Operations Standards
will effectively mitigate any adverse impacts to surrounding areas. Water is provided by
Little Thompson Water District and the sewage disposal will be permitted by a septic
system.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for Any use permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (Majestic Fence Company), provided that the property is not a Lot in an approved
or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions, in the A (Agricultural) Zone District as a Use by
Special Review.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.The surrounding area is primarily agricultural with a few residences
associated with the agricultural activities. This application is for the Majestic Fence
Company,the proposed building will look similar to other agricultural buildings and will have
one office, interior materials storage and parking for vehicles. Exterior storage of t
equipment and lumber will be in a screened and enclosed area adjacent to the building. s C12
Conditions of Approval and Development Standards ensure that the proposal is consistent = -tfr
with surrounding land uses. K
2002-0493
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Stacey& Shawn Greathouse
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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 Chapter22 of the Weld County Code and any otherapplicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This proposal does lie within a three mile referral area of the Towns of
Johnstown and Milliken. The Town of Johnstown indicated that their Comprehensive Land
Use Plan does not designate this area as commercial. The town would prefer annexation
of the property to the Town. The Town of Milliken did not respond indicating a conflict with
their interests. The Conditions of Approval and Development Standards will ensure the
health, safety and welfare of the citizens of Weld County.
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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 property is Lot B of
Recorded Exemption 2720 and is considered Prime agricultural land by the Important
Farmlands of Weld County Map. The applicant has proposed to place each structure
(personal residence and business operations facility)within established building envelopes
as required through the Recorded Exemption approval process. Section 22-2-60.1.1 of the
Weld County Comprehensive Plan indicates that eighty (80) acres is considered the
minimum lot size needed for a viable farming operation. The subject property is 45.8 acres
in size and is leased to an adjacent neighbor for agricultural operations.
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 Commissions' recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The applicant should reserve an additional 20 feet of property parallel to the WCR
50 right-of-way for future build out. This should all be delineated on the USR Plat.
There shall be no new residential/commercial accesses allowed on to roadways
classified as an arterial. If secondary accesses are available from non-arterial
status roads. (Department of Public Works)
2) The off-street parking spaces at the main office parking lot, including the access
drive shall be surfaced with gravel,asphalt,concrete or the equivalent and shall be
graded to prevent drainage problems. The area shall be delineated on the USR
Plat. (Department of Public Works)
3) The apron approach from Weld County Road 15.5 into the property shall have a
hard surface access. This apron shall be delineated on the USR Plat. (Johnstown
Fire Protection District)
Resolution USR-1366
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4) Both accesses shall be placed in such a location to have adequate sight distance
in either direction and not below the crest of a hill or where physical obstructions
are present and shall be clearly delineated on the USR Plat. (Department of Public
Works)
5) The location of all security lighting for the structure and storage yard. (Weld County
Sheriffs Office)
B. The applicant shall submit a Waste Handling Plan to the Weld County Department of
Public Health and Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County 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, including 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)
C. In event the shop is equipped with a floor drain, the applicant must apply for an
Underground Injection Control (UIC) Class V Injection Well permit through the
Environmental Protection Agency (EPA), for the floor drain system that serves the
maintenance shop, or provide evidence that the applicant is not subject to the EPA Class
V requirements. Written evidence of compliance from the Weld County Department of
Public Health and Environment shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
D. An individual sewage disposal system is required for the proposed shop/office and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. Written evidence
of compliance from the Weld County Department of Public Health and Environment shall
be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
E. In the event vehicles or equipment are washed on site,the applicant shall provide evidence
that any vehicle or equipment washing area will be designed and constructed to capture all
effluent and prevent any discharges from the washing of vehicles and/ or equipment in
accordance with the Rules and Regulations of the Water Quality Control Commission and
the Environmental Protection Agency. Written evidence of compliance from the Weld
County Department of Public Health and Environment shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
F. Upon completion of items 3.A through and including 3.E,the applicant shall submit a paper
copy of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the paper copy the applicant shall submit a Mylar plat along with
all other documentation required as conditions of approval.The Mylar plat shall be recorded
in the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-
260.D of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date of the Board of County Commissioners
resolution. The applicant shall be responsible for paying the recording fee.
4. Prior to Certificate of Occupancy/Operation:
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A. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment, for approval prior to operation. (Department
of Public Health and Environment)
B. Proper building permits shall be obtained in accordance with the referral response from the
Weld County Building Inspection Department dated September 5, 2001, prior to any
construction, demolition, or excavation. Part of the permit application process includes a
complete plan review. (Dept. of Planning Services)
C. Site and building drawings shall be submitted to the Johnstown Fire Protection District.
Written evidence of attempt to comply with Fire District requirements shall be submitted to
the Weld County Department of Planning Services. (Dept. of Planning Services)
D. Submit evidence that the Weld County Sheriffs office has conducted a security review of
the property to determine property is secure. (Weld County Sheriff's office)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Shawn and Stacey Greathouse
USR-1366
1. The Site Specific Development Plan and Special Use Permit is for any use permitted as a Use by
Right, an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts
(Majestic Fence Company), provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions, 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 facility shall operate in accordance with the approved dust control plan. (Department of Public
Health and Environment)
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. (Department of Public Health and Environment)
6. 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)
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
9. Adequate hand washing and toilet facilities shall be provided for employee and patron use.
(Department of Public Health and Environment)
10. The facility shall utilize the existing public water supply. (Little Thompson Water) (Department of
Public Health and Environment)
11. 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)
12. Any vehicle or equipment washing area(s)shall capture all effluent and prevent discharges from the
washing of vehicle and/or equipment in accordance with the Weld County Code, the Rules and
Regulations of the Water Quality Control Commission, and the Environmental Protection Agency.
(Department of Public Health and Environment)
13. An I.S.D.S is required for the proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. (Department of Public Health and Environment)
14. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County I.S.D.S.Regulations.(Department of Public Health and Environment)
15. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
Resolution USR-1366
Stacey& Shawn Greathouse
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16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
18. Personnel from the Weld County Departments of Public Health and Environment,Public Works and
Planning Services 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.
19. 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.
20. 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 Stephan Mokray.
VOTE:
For Passage Against Passage
Bryant Gimlin
Cristie Nickles
Fred Walker
Stephan Mokray
Luis Llerena
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 February 19, 2002.
Dated the 19`" of February, 2002.
Voneen Macklin
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 19, 2002
A regular meeting of the Weld County Planning Commission was held Tuesday 2002, in the Weld County
Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was
called to order by Vice Chair, Bryant Gimlin, at 1:35 p.m.
ROLL CALL
Michael Miller Absent
Bryant Gimlin
Cristie Nicklas i
Fred Walker r -
John Folsom
Stephan Mokray
Cathy Clamp Absent
Luis Llerena
Bruce Fitzgerald Absent
Also Present: Drew Scheltinga, Monica Daniels Mika, Don Carroll, Robert Anderson, Kim Ogle
The summary of the last regular meeting of the Weld County Planning Commission held on February 5,
2002,was approved as read.
CASE NUMBER: USR-1344
APPLICANT: Miller Motor Sports, LLC
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Part of Section 11, T3N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for an
expansion to an existing Recreational Facility (Race Track), in the
Agricultural Zone District .
LOCATION: West of and adjacent to 1-25 Frontage Road;north of and adjacent to WCR
34.
Monica Daniels Mika read into the record a letter from the applicants representative, Thomas Maybey,
requesting an indefinite continuance of this case. The applicant is making modifications to the application
and that application will be sent again to the referral agencies affected.
John Folsom asked about the re-petition for annexation with the Town of Mead. Ms. Mika stated no, she
had not had that conversation with them.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Cristie Nicklas moved that case USR-1344 be continued indefinitely. Stephan Mokray seconded. Motion
Carried
CASE NUMBER: USR-1366
APPLICANT: Stacey& Shawn Greathouse
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lob B of RE-2720; Pt S2 SW4 Section 32, T5N, R67W of the 6`"
P.M., Weld County, of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for
Any use permitted as a Use by Right, an Accessory Use,or a Use
,-" by Special Review in the Commercial or Industrial Zone District
(Majestic Fence Company), provided that the property is not a Lot
in an approved or recorded subdivision plat or lots parts of a map
or plan filed prior to adoption of any regulations controlling
subdivisions, in the A(Agricultural)Zone District. w. EXHIBIT
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use tiswc
LOCATION: North of and adjacent to Weld County Road 50 and west of and
adjacent to Weld County Road 15.5.
Mr. Folsom has excused himself from the case.
Kim Ogle, Department of Planning Services presented Case USR-1366, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Stacey Greathouse,applicant,provided clarification with regard to the project. The corner building envelope
is where the location of the business is planned. There will be a steel building to house the business and
the applicants will be storing lumber for fencing. The building will be located directly on the corner.
Presently there are two employees with the summer potential being ten (10) employees. There will be
minimal traffic with the crews arriving in the morning, heading to the job sites and leaving in the evening.
There will be little going on site during daytime hours. A house will be built on the two acre envelope to the
north at a future time.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Luis Llerena asked if the entrance to the business was on WCR 15'/ and if the concern from the telephone
calls were regarding the acceleration/deceleration travel lane. Mr.Ogle stated that the entrance is on WCR
15'/ , a two lane gravel road. The issue for the neighbor to the east is two fold: First, the placement of the
structure on the site across from his residence and second,the increased traffic on WCR 15 Y. The access
to the proposed structure is directly across from the neighbors access drive into the residence and farm yard,
at a location where a recent installed culvert has been placed per the Recorded Exemption plat. (RE 2720)
Stephan Mokray asked about the Town of Johnstown letter that stated this was not an area for commercial
zoning and requested an annexation. Mr. Mokray asked if there was and Intergovernmental Agreement
(IGA)with the Town of Johnstown. Mr. Ogle stated there is presently no IGA in place.
Fred Walker moved that Case USR-1366, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan
Mokray,yes; Bryant Gimlin, yes; Cristie Nicklas, yes; Fred Walker, yes; Luis Llerena,yes. Motion carried.
CASE NUMBER: Z-564
APPLICANT: Fran Garcia
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Lot A of RE-2509, being a part of the NE4 of Section 6, T4N,
R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural)to E (Estate)for a Five (5)
Lot PUD.
LOCATION: West of and adjacent to WCR 3 and south of and adjacent to State
Hwy 60.
Robert Anderson, Department of Planning Services presented Case Z-564,reading DPS recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Cristie Nicklas asked about the surrounding properties and what does it consist of. Mr.Anderson stated it
was predominantly Agriculture with one house north of St Hwy 60 and a small out lot adjacent to the
proposed application in the northeast corner of St Hwy 60 and WCR 3.
Don Leffler, representative for the applicant, provided clarification of the rural nature of the development
application and Change of Zone and cited the difficulty in maintaining farming uses. He raised concerns with
the condition of approval requiring paving the internal road as WCR 3 is not paved. The concerns are with
the paved roads leading onto gravel and the continuous breakout of the pavement. Mr Leffler stated that
there would be a minimal amount of traffic volume from this development.
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