HomeMy WebLinkAbout20053443.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller,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-1526
APPLICANT: Rick &Tammi Fisher
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3779; Pt SE4 of Section 16, T6N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a use by
right, an accessory use or a use by special review in the Industrial Zone
District (storage of landscaping materials and equipment along with
employee parking associated with a landscaping business) in the A
(Agricultural)Zone District
LOCATION: North of and adjacent to State Highway 392 and approximately 1/4 mile
west of CR 43.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-60 D. A.Goal 4 of the Weld
County Code 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. This
goal is intended to address the conversion of agricultural land to non-agricultural uses." The
proposed business will use an existing building, no additional building improvements are
proposed.
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 uses by right,
accessory uses and uses by special review in the Industrial Zone District as a Use by Special
Review in the A (Agricultural)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The building is set back over 1/4 mile from State Highway 392. It
has a separate access onto State Highway 392 through a 30-foot access and utility easement
granted through a subdivision exemption. The nearest residence is approximately 1/4 mile
to the north of the proposed business. Development Standards and Conditions of Approval
will ensure that this application is compatible with the existing surrounding land uses.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within an existing urban growth boundary or
intergovernmental agreement boundary.The proposed subdivision is located within the three-
mile referral boundary for the Town of Eaton and the City of Greeley. The City of Greeley,
in their referral response dated August 3,2005 indicated no conflicts with their interests and
recommended a referral be sent to the Greeley-Weld Airport Authority. A referral has been
sent to the Greeley Weld Airport Authority, no referral response has been received. Th
Town of Eaton, in their referral response dated July 29,2005, indicated no conflicts with thei
interests.
La Z
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. _ (�(�
2005-3443
Resolution USR-1526
Rick Fisher
Page 2
Effective January 1, 2003, Building Permits issued on the site will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective June 1,2005, Buildings Permits issued on the site will be required to adhere to the
fee structure of the Capital Expansion Fee. (Ordinance 2005-7)
A portion of the site will be located within the 100-year floodplain. Future development in the
floodplain will require a Flood Hazard Development permit.
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 application is located
on land designated as"prime"according to the USDA prime farmlands of Weld County Map.
The building and site is already existing. Very little,if any,prime farmground will be taken out
of production upon development of this site.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services, if applicable. (Department of Planning Services)
B. The applicant shall submit a screening plan to address any outdoor storage of equipment and
materials. (Department of Planning Services)
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1526. (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 approved screening plan. (Department of Planning Services)
C. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services,Weld County Department of Public Health and Environment.
Written evidence of such shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
D. The applicant shall submit evidence of an Aboveground Storage Tank Permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements. Written evidence of such shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
E. 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:
Resolution USR-1526
Rick Fisher
Page 3
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)
4) Written evidence of such shall be provided to the Department of Planning Services.
F. The access width requirements for emergency equipment(fire department)is a minimum of
20-feet. The applicant shall provide documentation from the fire department and emergency
services that the width of the access and lane will be adequate for emergency purposes to
the Departments of Public Works and Planning Services. (Department of Public Works)
G. The applicant shall attempt to address the recommendations of the Weld County Sheriff's
Office. Evidence of such shall be provided to the Department of Planning Services.(Sheriff's
Office)
H. 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. 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 mapsaco.weld.co.us. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required sixty(60)days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
6. Prior to release of building permits:
A. All required plans shall be submitted to the Eaton Fire Protection District, Fire Prevention
Bureau, for review and approval. (Eaton Fire Protection District)
7. Prior to Certificate of Occupancy:
A. The applicant shall provide evidence that an individual sewage disposal system permit has
been issued (SP-0500101) for the proposed home and commercial shop. (Department of
Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
8. Prior to operation:
Resolution USR-1526
Rick Fisher
Page 4
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.
9. 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
Rick&Tammi Fisher
USR-1526
1. The Site Specific Development Plan and Special Use Permit is for a use by right, accessory use or
use by special review in the Industrial Zone Districts(storage of landscaping materials and equipment
along with employee parking associated with a landscaping business) 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. Hours of operation shall be from 7:30 AM to 4:30 PM Monday through Friday as stated in the
application materials. (Department of Planning Services)
4. The business shall have a maximum of twelve(12)employees (7 full-time and 5 part-time)as stated
in the application materials. (Department of Planning Services)
5. Vehicles associated with the business shall be limited to ten (10) as outlined in the application
materials. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5,C.R.S.)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
8. 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)
9. The applicant shall operate in accordance with the approved"waste handling plan".. (Department of
Public Health and Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
12. 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)
13. 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)
14. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-4). (Department of Public Health and Environment)
15. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a
safe manner in accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public
Health and Environment)
16. The facility shall utilize the existing public water supply ( North Weld County Water District).
(Department of Public Health and Environment)
Resolution USR-1526
Rick Fisher
Page 2
17. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment,Water Quality Control Division.(Department of Public
Health and Environment)
18. In the event vehicles will be washed on site,the vehicle washing area(s)shall capture all effluent and
prevent discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
19. The easement shall be a graded and drained road to provide all-weather access. (Department of
Public Works)
20. Off-street parking spaces including the access drive shall be surfaced with gravel,asphalt, concrete
or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
21. Off-street parking spaces including the access drive shall be surface with gravel, asphalt, concrete
or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
22. 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)
23. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
24. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling noxious weeds. (Department of Public Works)
25. 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)
26. Upon final inspection and approval,occupancy will be subject to annual fire inspections. (Eaton Fire
Protection District)
27. Hazardous materials and hazardous materials storage shall be in accordance to the 1997 Uniform
Fire Code. (Eaton Fire Protection District)
28. Buildings shall conform to the various codes adopted at the time of the permit application. Current
codes adopted by Weld County include; 2003 International Building Code, 2003 International
Mechanical Code,2003 International Plumbing Code,2003 International fuel gas code,2002 National
Electrical Code, and Chapter 29 of the Weld County Code. (Department of Building Inspection)
29. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined
by the Chapter 23 of the Weld County Code. (Department of Building Inspection)
31. 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)
32. Outdoor storage of landscaping equipment and materials shall be screened from adjacent
residences. (Department of Planning Services)
33. Screening on site shall be maintained in accordance with the approved screening plan. (Department
of Planning Services)
Resolution USR-1526
Rick Fisher
Page 3
34. 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)
35. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
36. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
37. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
38. 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.
39. 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
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
Paul Branham
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 October 4, 2005.
Dated the 4th of October, 2005.
\CI .4cA1SC
Voneen Macklin
Secretary
fO y
The following cases will be heard:
— CASE NUMBER: USR-1526
APPLICANT: Rick&Tammi Fisher
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-3779; Pt SE4 of Section 16,T6N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a use
by right, an accessory use or a use by special review in the Industrial
Zone District(storage of landscaping materials and equipment along with
employee parking associated with a landscaping business) in the A
(Agricultural)Zone District
LOCATION: North of and adjacent to State Highway 392 and approximately 1/4 mile
west of CR 43.
Chris Gathman, Department of Planning Services, presented Case USR-1526, 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.
Chris Gathman indicated the Department of Planning Services has no contact information for the Sand
Creek Ditch.
Bruce Fitzgerald asked rather there was any onsite or offsite flooding at the time of the field check.
Michael Miller asked about further development beyond the USR permit and the possibility of more run off.
Mr. Gathman stated the application indicates a tree farm and possible residence in the future. There are
no additional buildings being proposed. Mr. Gathman added that the standard is to have asphalt/concrete
or equivalent for the staging areas.
Bruce Fitzgerald asked about the topography of the land and does it drop off. Mr. Gathman stated it does
slope towards the highway but a minimal amount. The ditch is located on the east side of the property.
Rich Fisher, applicant, provided clarification to the proposal. Duke Energy installed a new well on this
property and in doing so put a new culvert in to get their equipment onto the site. The culvert is too small
to handle the water in the area and from Sand Creek. There is an issue but it is with the Duke Energy, the
ones who placed the culvert. The site will remain agriculture and the amount of run off will not change.
There are plans for a home at some future date. There is a drop of 11 feet from the north end towards the
east at the lowest point. There will be no water draining into the creek since this ground will not be
irrigated. There area of land that will contain the business and the home has not been historically farmed
or irrigated. There will be a retention pond for the tail water from this site. The new culvert is about 30
feet from the old culvert to the tank battery. The majority of this site flows towards the road the
surrounding farms tail water flows to Sand Creek.
Michael Miller asked if the two culverts were the same size. Mr. Fisher stated they were similar in size but
need to be larger. There is irrigation water seeping from the ditch. Mr. Miller asked if the drainage
problems pre-existed before this application was submitted and whether the site drainage will change. Mr.
Fisher stated there have been flooding problems before. Mr. Miller stated the oil company needs to be
contacted for a larger culvert. Mr. Spitzer added that Duke Energy should be the ones to increase the
size. Mr. Fisher stated he has not been in contact with Duke Energy. Mr. Spitzer asked if the flooding
was due to rain water or irrigation. Mr. Fisher stated it was irrigation causing the creek to overflow.
Bruce Fitzgerald asked Mr. Morrison what a property owner could do in a situation like this. Mr. Morrison
stated that the first contact should be with Duke Energy. Duke Energy has an obligation not to
unreasonably interfere with the use of the surface. The next step would be with the Oil & Gas
Commission. Mr. Miller stated there is a sign at the battery that will tell who owns the tanks.
Dianna Bystrom, neighbor, indicated her concerns with the proposal and the flooding that occurs on her
property. Duke Energy has placed a culvert in the area which is too small which in turn causes more
flooding. This is an inconvenience and extremely costly. Ms. Bystrom believes that by taking more farm
ground out of production and placing businesses in the area it will cause more flooding due to the lack of
ground absorption. The front 20 feet is muddy and the driveway becomes a river. Sand Creek floods 4
almost into the barn. This site is 20 feet above them so all the water that is presently being absorbed will
not flow onto this property. The building that exists is new and has not been there since it has rained
4i
heavy. There is water standing on at least two acres of land. Eleven feet may not sound like much but all
the water ends at the house. There are concerns with mosquitoes and West Nile due to the stagnant
water. The flooding happens whether irrigating or not. They have spoken to the State and Duke Energy
with no resolution. If the area stayed in agriculture at least some of the water would be absorbed. The
area will get rain eventually and it will flood the home again. There is no one addressing the problems that
come with the proposed development. The access will compact and cause the water to run off. They
have spoken to the extension agent whom stated there is no solution for their problems on the property.
Their home sits in an area that floods. Any development that compacts the ground will cause more rain
run off to gather at their home.
The Chair closed the public portion.
Tom Holton asked Mr. Gathman if there was anything in the Development Standards addressing the
retention pond. Mr. Gathman stated there was nothing specific; they dealt more with the business.
Don Carroll, Public Works, stated there was nothing about the retention pond, it could be agriculture
related. Mr. Morrison stated it does not have to be part of the USR to mitigate the effects of the USR.
The focus needs to be what the effect of the USR will be not the historical issues.
Michael Miller stated the proposed use will not have an increased effect in the run off for the water. A tree
farm is still an agriculture use and there is no significant impact with the proposed application.
Don Carroll stated Ms. Bystoms home is in a 100 year flood plain. The roadway is compacted now and
will not add to the water run off from the site. The parcel is a large enough agricultural piece of land to
absorb any drainage caused by this use.
Rich Fisher stated he is in agreement with the Development Standards and Conditions of Approval.
Michael Miller moved that Case USR-1526, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Erich Ehrlich seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Erich Ehrlich, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes;
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
Tom Holton commented that the applicant should work with the neighbor to address the culvert and the
retention to possible mitigate the concerns.
Doug Ochsner agrees with Mr. Holton's comments.
CASE NUMBER: MZ-1081
APPLICANT: Gold Stone Center, LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: N2NW4 of Section 16, T8N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A minor subdivision change of zone from A(Agriculture)to E(Estate)for
nine (9) single family residential lots.
LOCATION: East of and adjacent to CR 29 and 1 3/4 miles north of CR 90.
Chris Gathman, Department of Planning Services, presented Case USR-MZ-1081, 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. The
Department of Planning Services is recommending the cul-de-sac and internal access be extended so
that it borders lots 5 &6.
Bruce Fitzgerald asked if the access road is above the flood plain. Mr. Gathman stated they would need
to get a flood hazard permit. The applicant will have to address the flood plain concerns. The access will
need to be further to the west of Spring Creek.
Doug Ochsner asked about the concerns from the Town of Pierce and if those have been addressed. Mr.
Gathman stated that any development in the flood plain will have to get a flood hazard permit and the
concerns will be addressed in that process. There needs to be a road accessing those two lots and it will
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