HomeMy WebLinkAbout20011670.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
CORRECTED RESOLUTION OF RECOMMENDATION
TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution be introduced for approval with amended attached
Conditions of Approval and Development Standards by the Weld County Planning Commission. Be it
resolved by the Weld County Planning Commission that the application for:
PLANNER: Robert Anderson
CASE#: USR-1333
APPLICANT: Brett& Michelle Bernhardt
ADDRESS: 11263 State Highway 60, Milliken, Colorado 80543
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Use permitted as a
Use by Right or Accessory Use in the Commercial Zone District(Truck and Landscape
Materials Storage) in the A(Agricultural)Zone District.
LEGAL DESCRPTION: Lot A of RE-2469, Part of the North Half,Section 12,Township 4 North, Range 67,
West of the 6th Prime Meridian, Weld County, Colorado
LOCATION: North of and adjacent to State Highway 60 and 1/2 mile East of Weld County Road 23.
The Planning Commission recommends that this request be approved 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 ordinances in effect.
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 Use by Right or
Accessory Use in the Commercial Zone District(Truck and Landscape Materials Storage)
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.
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. In the referral response received May 2,2001 the Town of Milliken found no
conflict with the proposed use.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The site lies within the boundaries of Ordinance 217 (Milliken IGA). The applicant
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2001-1670
RESOLUTION USR-1333
Bernhardt
Page 2
has reached an agreement with the Town of Milliken as evidenced by the Town of Milliken's
referral response received May 2, 2001.
F. Section 23-2-220.A.6- 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.
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 Applicant shall 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.
B. The applicant shall submit a dust abatement plan to the Environmental Health Services,
Weld County Department of Public Health& Environment,for approval prior to operation.
C. The septic system serving the house shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and
a technical review describing the systems ability to handle the proposed hydraulic
load. The review shall be submitted to the Environmental Health Services Division
of the Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed the system shall be brought
into compliance with current Regulations.
D. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site, including expected
volumes and types of waste generated. (Department of Public Health and
Environment)
RESOLUTION USR-1333
Bernhardt
Page 3
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
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)
E. The applicant shall submit a revised Landscape Plan to the Department of Planning
Services for review and approval. Upon approval the Landscape Plan shall be placed on
the plat. (Department of Planning Services)The applicant shall include in the Landscape
Plan the following information:
1) An installation schedule which specifies when the landscaping will be installed on
site. (Department of Planning Services)
2) A Plant Material List specifying the Botanical and Common names of all plant
material to be installed;the size of the plant material at installation and whether the
plant material is to be containerized or B&B. (Department of Planning Services)
3) A landscape maintenance schedule which specifically states who will perform
maintenance and that maintenance is on-going and shall not end upon final
acceptance by the Department of Planning Services. (Department of Planning
Services)
F. The applicant shall submit a Drainage Plan to contain storm water run-off from the site that
prevents damage to adjacent properties. Upon approval the Drainage Plan and any
necessary detention areas shall be delineated on the plat. (Department of Public Works)
G. The applicant shall provide the Weld County Department of Planning Services a copy of the
access permit issued by the Colorado Department of Transportation(CDOT)which grants
access to State Highway 60, or written evidence that the applicant has complied with the
requirements of the Colorado Department of Transportation (CDOT).
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)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas
Fred Walker
Arlan Marrs
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Jack Epple
Stephen Mokray
RESOLUTION USR-1333
Bernhardt
Page 4
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,Wendi Inloes, Acting Recording Secretary for the Weld County Planning Commission,do hereby certify
that the above and foregoing resolution, is a true copy of the corrected resolution of the Planning
Commission of Weld County, Colorado, adopted on June 5, 2001.
Dated this 26t1 of , 2001.c,(tOael ‘ -
Wendi Inloes
Acting Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Brett& Michelle Bernhardt
USR-1333
1. The Site Specific Development Plan and Special Use Permit is for a Use permitted as a Use by
Right or Accessory Use in the Commercial Zone District(Truck and Landscape Materials Storage)
in the A(Agricultural)Zone District, as indicated in the application materials on file and subject to
the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. An individual sewage disposal system is required for the proposed work shop 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.
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.
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..
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
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..
9. Adequate toilet and hand washing facilities shall be provided for employees and the public.
10. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the facility
area in a manner that will prevent nuisance conditions.
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof.
12. The facility shall utilize the existing public water supply. (Little Thomson Water District).
13. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
14. Off-street parking and loading areas shall be surfaced with either gravel, asphalt, or concrete and
shall be graded so as to prevent drainage problems. (Department of Public Works)
15. All operations shall be conducted during the hours of daylight. Hours of operation may be extended
with specific permission from the Weld County Board of County Commissioners.(Dept.Of Planning
Services)
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 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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Ms. Nicklas wanted clarification on this being a lattice tower instead of a monopole. Mr. Garwood stated the
monopoles are very difficult to accommodate five(5)carriers. Also, in the rural areas the lattice tower takes
less space than the guide wire poles. Mr. Garwood stated that the lattice towers tend to blend in with the
surroundings a little better.
Ms. Nicklas asked the applicant if the company had any codes for being in a flood plain area. Mr. Garwood
stated when he chooses a site, he makes sure the site is outside the flood plain if at all possible. If the site
is within a flood plain an elevation certificate is provided to make sure the towers are higher than the flood
plain. Mr. Garwood stated a ditch will be built around the perimeter.
Mr.Garwood addressed the setbacks,stating one(1)foot for every three(3)foot of tower is the way this tower
is designed.
Ms. Nicklas opened public testimony. None was given.
Ms. Nicklas asked the applicant if he had seen the Development Standards and Conditions of Approval. Mr.
Garwood stated he had seen them and was in agreement with them.
Bryant Gimlin moved to delete Development Standard #5 and forward Case USR-1334 along with the
amended Development Standards and Conditions of Approval with the Planning Commissions
recommendation of approval to the Board of County Commissioners.
Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray, yes; Michael Miller,; Jack Epple,yes ; Bryant Gimlin,yes;
Cathy Clamp, yes; Cristie Nicklas, yes ; Fred Walker, yes. Motion carried unanimously.
— 3. CASE NUMBER: USR-1333
PLANNER: Robert Anderson
APPLICANT'S: Brett and Michelle Bernhardt
LEGAL DESCRIPTION: Lot A of RE-2469, being part of the N2 of Section 12, Township 4
North, Range 67 West of the 6'" P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit fora Use permitted
as a Use by Right or Accessory Use in the Commercial Zone District(Truck and
Landscape Materials Storage) in the Agriculture Zone District.
LOCATION: North and adjacent to State Highway 60 and %1 mile east of Weld County Road 23.
Robert Anderson, Planner presented Case USR-1333 along with the Department of Planning Services
comments and recommendations of approval into the record.
Michael Miller stated the hours of operation state daylight hours. Are you going to limit truck maintenance to
the same hours? Mr. Anderson stated that he and the applicant discussed this and the applicant was
comfortable with those hours of operation.
Mr. Miller stated those limited hours of operation could cause a conflict later if they are not allowed to move
their trucks around after dark. Mr. Anderson stated the applicant could respond better than he.
Mr. Anderson stated that daylight hours were one half hour before sunrise and one half hour after sunset
which would be quite a wide window for hours of operation.
Brett and Michelle Bernhardt, applicants, stated their names and addresses for the record. Assr
Mr. Miller asked the applicants if they were comfortable moving their equipment around only during daylight
hours. Will you be wanting to do maintenance after hours? Mr.Bernhardt stated that in the summer the days m
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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are pretty long,but during the winter there might be a problem. However, he stated that he was comfortable
with the hours and was in agreement with them.
Cathy Clamp asked what type of landscape materials (rock, mulch)were going to be stored. Mr. Bernhardt
responded mainly landscape rock. Ms. Clamp asked if there was a danger of becoming a visual problem in
the case of high wind. Mr. Bernhardt stated the storage is north of the house and if the wind were to blow,
the materials would hit the house before it would hit the highway. Mr. Bernhardt also stated a windbreak of
trees would be planted on the north side of the property line.
Ms. Nicklas opened public testimony for or against this application. Public portion of the hearing was closed.
Ms. Nicklas asked the applicants if they received a revised copy of the Development Standards and
Conditions of Approval and were they in agreement with them. Mr. and Mrs. Bernhardt stated they were in
agreement.
Bryant Gimlin moved to forward Case USR-1333 adding Paragraph F on page 3 and the addition of
Development Standard #15 amended Conditions of Approval along with the Development Standards and
Conditions of Approval with Planning Commissions approval to the Board of County Commissioners.
Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,;Jack Epple,yes; Bryant Gimlin,yes;
Cathy Clamp, yes; Cristie Nicklas, yes ; Fred Walker, yes. Motion carried unanimously.
4. CASE NUMBER: USR-1331
PLANNER: Chris Gathman
APPLICANT'S NAME: Brian Williamson
LEGAL DESCRIPTION: Lot 20 of Enchanted Hills Subdivision, being part of the SW4 of
Section 8,Township 2 North, Range 67 West of the 6th P.M.,Weld
County, Colorado.
REQUEST: Special Use Permit for an Indoor Arena that exceeds 4% lot coverage for
accessory structures.
LOCATION: Approximately 900 feet east of WCR 15 and approximately 600 feet north of WCR
2.
Chris Gathman,Planner presented Case USR-1331 and read the Department of Planning Services comments
and recommendations of approval into the record. Mr.Gathman stated that the proposed arena and barn is
supposed to be twenty-six (26) feet in height and the design standards in the IGA with the County and the
Town of Firestone/Frederick allows for accessory uses to be only fifteen (15) feet in height. The Town of
Frederick regarding this and they had no concerns. The applicants also spoke with the City of Firestone
before submitting this application and Firestone did not provide an indication to annex this lot at this time. Mr.
Gathman also stated that this property is in the SouthWeld Road Impact Fee area and that the applicants are
aware of this. Mr. Gathman distributed a letter from the neighboring landowner.
John Folsom requested clarification on the parking area being asphalt, or gravel, does staff consider gravel
to satisfy the Department of Public Works. Mr. Gathman stated that condition is in concurrence with Don
Carroll, Department of Public Works. Mr. Folsom also asked if there was a written reply from the Town of
Firestone stating they didn't want to annex at this time. Mr. Gathman stated he had a verbal confirmation.
Brian and Kathy Williamson, applicants stated their names and address for the record.
Cathy Clamp addressed the concerns of the neighbors, Rose and Marvin Sturbaum. Ms. Clamp asked the
applicants if the outdoor lighting and a public address system were going to present a problem. Mr.
Williamson responded that there was going to be no outdoor lighting and no public address system. He
stressed this building is for personal use only. Mr.Williamson also confirmed that there would no equestrian
events or competitions at the site.
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