HomeMy WebLinkAbout20052376.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by James Rohn 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-1518
APPLICANT: John & Kellie Hathaway
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of RE-1747; part of the SE4 of Section 20, Ti N, R65W of the 6th
P.M., Weld County, Colorado
REQUEST: Site Specific Development Plan and Special Review Permit for a use
permitted as a Use by Right, Accessory Use or Use by Special Review in
the Commercial or Industrial Zone District (Sale of woods chips and
agricultural related products) in the A(Agricultural)Zone District
LOCATION: North of and adjacent to CR 6; west of and adjacent to Interstate 76
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-60 (A.Goal 4)states,
"Conversion of agricultural land to nonurban residential, commercial and industrial uses
will be accommodated when the subject site is in an area that can support such
development. Such development shall attempt to be compatible with the region."
Application materials indicate that the site can support the proposed use. Conditions of
Approval and Development Standards ensure that a reasonable attempt will be made to
be compatible with the region.
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
business permitted as a use by right or accessory use in the Commercial Zone District as
a Use by Special Review in the 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 surrounding properties are large tract agricultural
properties with rural residences primarily engaged in cattle, equestrian and farming
related activities. The Development Standards and Conditions of Approval will ensure
compatibility with adjacent properties.
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 lies within the three mile referral area for
Adams County and the Towns of Hudson and Lochbuie. Adams County and the Town of
Lochbuie did not return a referral response and the Town of Hudson reviewed the request
and found no conflicts with their interests.
E. Section 23-2-220.A.5 -The application complies with Section 23-5 of the Weld County
Code. The existing site is not within a recognized overlay district, including the Geologic
Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County-
wide Road Impact Fee Area. Effective January 1, 2003, Building Permits issued on the m to
lot will be required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11).
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 size of the amok
parcel accompanied with existing residential improvements does not make it conducive to
2005-2376
Resolution USR-1518
John & Kellie Hathaway
Page 2
r
agricultural practices in accordance with Section 22-2-60.1 of the Weld County Code.
G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1518 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The south side of the property is the section line between Sections 20 and 29,
Township 1 North, Range 65 West. The Weld County Public Works is verifying
the status of the right-of-way adjacent to the property. If right-of-way is
determined, the applicant shall place the appropriate right-of-way on the plat
drawing. The right-of-way or driveway adjacent to the section line shall be a
graded and drained road to provide all-weather access to the property.
(Department of Public Works)
3) 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. The
applicant must take into consideration storm water capture/quantity and provide
accordingly for best management practices. All retention/detention basins located
on site shall be delineated on the USR Plat. (Departments of Public Works,
Planning Services)
4) Any approved signs, if applicable. (Department of Planning Services)
5) The right-of-way for Interstate 76 and the Frontage Road. (Department of Planning
Services)
6) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
C. The applicant shall provide written evidence of an access permit or for any additional
requirements that may be needed to obtain or upgrade the existing access permit for the 1-76
Frontage Road. (Departments of Public Works, Planning Services)
D. 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)
E. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by Department of Planning Services' Staff.
The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the
Resolution USR-1518
John & Kellie Hathaway
Page 3
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)
2. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(a�co.weld.co.us. (Department of Planning Services)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John & Kellie Hathaway
dba Colorado Sawdust and Sweep
USR-1518
1. A Site Specific Development Plan and Special Review Permit for a Use allowed by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone district,for sale of
wood chips and agricultural related products [Colorado Sawdust & Sweep], in the A (Agricultural)
Zone District. (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 & Environment)
4. 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&Environment)
5. 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 & Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health & Environment)
7. 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 &
Environment)
8. Adequate handwashing and toilet facilities shall be provided. The family members are allowed to
use the toilet facilities in the residence. (Department of Public Health & Environment)
9. 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 &
Environment)
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health & Environment)
11. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health & Environment)
13. 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 & Environment)
14. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
will reasonably preserve the natural character of the area and not 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)
15. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
Resolution USR-1518
John & Kellie Hathaway
Page 2
16. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
17. As indicated by the application material the hours of operation will be limited to 8:30 a.m. to 5:00
p.m., Monday through Friday. (Department of Planning Services)
18. Employees are limited to two family members, as stated in the application materials.
(Department of Planning Services)
19. Storage of all equipment shall be located inside the proposed building. (Department of Planning
Services)
20. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning
Services)
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
23. 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.
24. 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.
25. 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.
26. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty(60)days from the date of the Board of County
Commissioners Resolution was signed a $50.00 recording continuance charge shall be added for
each additional 3 month period.
Motion seconded by John Folsom.
Resolution USR-1518
John & Kellie Hathaway
Page 3
VOTE:
For Passage Against Passage Absent
Michael Miller
Bryant Gimlin
John Folsom
James Rohn
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
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 July 19, 2005.
Dated the 19th of July, 2005
`
Voneen Macklin
Secretary
)q -zoos 2 .
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING / t
Tuesday, July 19, 2005
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Bryant
Gimlin, at 1:30 p.m.
ROLL CALL
Michael Miller Absent
Bryant Gimlin
John Folsom
James Rohn
Bruce Fitzgerald Absent
Tom Holton
Chad Auer
Doug Ochsner Absent
James Welch Absent
Also Present: Kim Ogle,Chris Gathman,Jacqueline Hatch,Don Carroll,Peter Schei,Char Davis, Pam Smith,
Lee Morrison
The summary of the last regular meeting of the Weld County Planning Commission held on July 5,2005,was
approved as read.
Hearing items to be continued:
— CASE NUMBER: 2ndAmUSR-1198
APPLICANT: Marcum Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of AmRE-3308; Pt N2NW4 of Section 32, T4N, R65 of the 6th P.M.,
Weld County, Colorado.
REQUEST: Amended Site Specific Development Plan and Special Review Permit for
an Oil and Gas Support Facility(Class II Oilfield Waste Disposal Facility
and a Solids Recovery System) in the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 40 and 250 feet more or less east of CR 39.
Kim Ogle, Department of Planning Services. Dale Butcher, on behalf of Conquest Oil, has requested an
indefinite continuance in order to review solid waste issues with the State of Colorado. In my visits with
Mr. Butcher, it appears that this should be resolved soon and Mr. Butcher is requesting this case be
placed on the August 16 agenda and staff is in support of this recommendation.
Moved by James Rohn that 2ndAmUSR-1198 be continued to the August 16, 2005 hearing. Seconded by
John Folsom. Motion carried unanimously.
Consent Agenda items:
CASE NUMBER: USR-1518
APPLICANT: John & Kellie Hathaway
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of RE-1747; Part of the SE4 of Section 20, Ti N, R65W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a use
permitted as a Use by Right, Accessory Use or Use by Special Review in
the Commercial or Industrial Zone District (Sale of wood chips and
agricultural related products) in the A(Agricultural)Zone District
LOCATION: North of and adjacent to CR 6; and west of and adjacent to Interstate 76.
Neither the applicant, the board members, or members of the audience wished to have this item removed
from the consent agenda.
Moved by James Rohn that USR-1518 be forwarded to the Board of County Commissioners with
recommendation of approval including the development standards and conditions of approval. Seconded
by John Folsom. Motion carried unanimously.
The following items will be heard:
CASE NUMBER: USR-1513
APPLICANT: Chris &Joe Miller
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A& B of RE-2617 pt of W2NW4 of Section 27, T3N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Recreational Facility with uses similar to those seen at Guest farms and
fairgrounds in the A(Agricultural)Zone District. (For a complete list of
uses see application)
LOCATION: South of and adjacent to State Hwy 66 and east of and adjacent to CR 19
Jacqueline Hatch, Department of Planning Services. Chris and Joe Miller have applied for a Site Specific
Development Plan and a Special Review Permit for a Recreational Facility with uses similar to those seen
at guest farms and fairgrounds in the A(Agricultural)Zone District.
Including—spring festival, fall festival, Christmas festival, giant air slide,jumping castle, on-farm market,
picnic area, plat set(slide and swing set), hay maze, corn maze, petting zoo, dirt pile, hay rides, miniature
golf, paint ball course, you-pick produce, train and fire truck ride, haunted corn maze, potential use for
wedding receptions and birthday parties, Christmas tree and wreath sales and teepees.
The sign announcing the Planning Commission hearing was posted June 3, 2005 by Staff.
The site is located South of and adjacent to State Highway 66, East of and adjacent to County Road 19.
A letter dated June 21, 2005 from Chris and Joe Miller state that they wish to amend their application as
follows;
1. Change the hours of operation from 9-6 to 9-10
2. Change the months of operation from Aril though mid June to May through June and September 101h
through Thanksgiving to September 10 through Christmas
3. Delete paintball from the application and add haunted hayrides and overnight camping, limited to
small groups.
Staff has amended the Development Standards to reflect these changes as follows.
Development Standard #2
The site is limited a giant air slide,jumping castle, on-site farmers market, picnic area, play set (slide and
swing set), hay maze, corn maze, petting zoo, dirt pile, hay rides, miniature golf, you-pick produce,train and
fire truck ride, haunted corn maze,haunted hayrides,wedding receptions,birthday parties,and Christmas tree
and wreath sales. Temporary Assemblage Permits will be required for overnight camping.
Development Standard#8
The hours of operation are from 9:00 am to 10.00 pm,7 days a week as indicated in the application material
for the following time periods.
Spring Festival—May though June
Fall/Winter Festival—September 10th through Christmas
Overnight Camping/Special Events—a Temporary Assemblage Permit shall be applied for and approved by
the Board of County Commissioners prior to the use of the site for overnight camping/Special Event
regardless of the number of people. There will be no more than one special event a month consistent with the
Use by Special Review seasons.
The applicants have submitted an additional letter dated July 7, 2005 stating that they will remove the
entertainment hall/structure from the map. If they wish to proceed in the future with an entertainment hall they
will need to apply for an amended USR.
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