HomeMy WebLinkAbout20011800.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,along with changes to Development Standard#3 and
addition of#15 with subsequent renumbering, 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-1336
Planner: Chris Gathman
Applicant: Mark& Phyllis Van Thuyne
Address: 2505 WCR 46, Berthoud, CO 80513
Request: A Site Specific Development Plan and a Special Use Permit for a use allowed by
right in the 1-3(Industrial)Zone District(Repair and Outdoor Storage of equipment
for the installation of underground fiber-optic lines) in the A (Agricultural) Zone
District
Legal Description: Part of the SE4 of Section 9, Township 4 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
Location: North of and adjacent to Weld County Road 46,approximately%mile east of Weld
County Road 5
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. A.Goal 7 states "Protect agricultural
land from encroachment by those urban uses which hinder the operational efficiency and
productivity of the agricultural uses." The proposal will not be taking any prime farmground
out of production. The site currently consists of an existing residence and outbuildings and
a gravel lot area. Conditions of Approval and Development Standards ensure that there are
adequate provisions for the protection of neighboring agricultural uses.
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 in the
1-3(Industrial)Zone District(repair and outdoor 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. Neighboring land uses consist of cropland and single family
residences located across WCR 46, 1/4 mile to the west and'/ mile to the east. Conditions
of Approval and Development Standards will effectively mitigate impacts to neighboring
properties. Conditions of Approval require that the applicant screen outdoor vehicle and
equipment storage from adjacent properties. Development Standards require that the
applicant not begin operations until 6:30 A.M.
EXHIBIT
2001-1800
us> 149334,
RESOLUTION, USR-1336
Mark and Phyllis Van Thuyne
Page 2
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 Urban Growth Boundary or
Intergovernmental Agreement Area. The site is located within the three-mile referral area
for the towns of Berthoud and Johnstown. Berthoud indicated no conflicts with their
interests in their referral response received May 8,2001. A referral was not received from
the Town of Johnstown indicating a conflict with their interests.
e. Section 23-2-220.A.5 — The application complies with Section 23-5 of the Weld County
Code. The site does not lie within any Overlay Districts.
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. Section 22-2-60 A.1 states
"Preserve prime farmland for agricultural purposes which foster the economic health and
continuance of agriculture." This parcel is located on land designated as"Prime(Irrigated)"
land according to the 1979 USDA-Soil Conservation Service Important Farmlands of Weld
County map. However, the site is small (only three acres) and has an existing house,
storage building and gravel drive area that makes agricultural production impractical on this
property.
Pas 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. 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. In event the structure(s) 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 to the Department of Public Health and
Environment that the applicant is not subject to the EPA Class V requirements. Evidence
of Department of Public Health and Environment approval shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
RESOLUTION, USR-1336
Mark and Phyllis Van Thuyne
Page 3
B. An individual sewage disposal system is required for the proposed 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. (Department of
Public Health and Environment)
C. 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.
Evidence of Department of Public Health approval shall be submitted to the Department of
Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). The applicant shall submit a dust
abatement plan to the Environmental Health Services, Weld County Department
of Public Health & Environment, for approval. Evidence of Department of Public
Health & Environment approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
D. The applicant shall submit a Landscape and Screening Plan for approval by the
Department of Planning Services. The Landscape and Screening Plan shall screen outdoor
storage of business equipment and materials from adjacent properties. (Department of
Planning Services)
E. Proper Building Permits shall be submitted for the change of use for the shop. Evidence
of Final Inspection approval and/or a copy of a Certificate of Occupancy from the
Department of Building Inspection shall be submitted to the Department of Planning
Services. (Department of Building Inspection)
F. The applicant has a pending building code violation(VI-0100055)for electrical permit EL-
9910234 for the shop building. This permit has expired and has not been finaled. A new
electrical permit shall be applied for and evidence of final inspection approval by the
Department of Building Inspection shall be submitted to the Department of Planning
Services. (Building Code Compliance Officer)
G. The plat shall be amended to delineate the following:
1) Weld County Road 46 is designated on the Weld County Transportation Plan
Map as a local gravel road,which requires 60 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way.A total of 30 feet from the centerline of
Weld County Road 46 shall be delineated right-of-way on the plat.(Department
of Public Works)
2) Off-street parking spaces and access drives shall be delineated on the plat.
(Department of Planning Services)
RESOLUTION, USR-1336
Mark and Phyllis Van Thuyne
Page 4
3) Off-street parking spaces and access drives shall be offset a minimum of 3-feet
from adjacent property lines. (Department of Planning Services)
4) The proposed surface for the proposed parking lots and access drive (gravel,
asphalt,concrete,or equivalent)as approved by the Department of Public Works
shall be indicated on the plat. (Department of Planning Services)
5) The approved Landscape and Screening Plan. (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)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Cristie Nicklas
Michael Miller
Arlan Marrs
Bryant Gimlin
John Folsom
Stephen Mokray
Cathy Clamp
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, 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 June 19'" , 2001.
• Dat 19th o une 2001.
Wendi Inloes
Secretary
r-. SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mark& Phyllis Van Thuyne
USR-1331
1. The Site Specific Development Plan and Special Review Permit is for a use allowed by right in the
1-3 (Industrial) Zone District (repair and Outdoor Storage of equipment for the installation of
underground fiber-optic lines)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. Hours of operation for maintenance and cleaning of equipment shall be limited from 6:30 A.M.to 6:00
P.M. Monday through Saturday. (Planning Commission)
4. All repair and maintenance of vehicles and equipment shall be conducted within the shop.
(Department of Planning Services)
5. Off-street parking spaces including the access drive shall be surfaced with gravel,asphalt,concrete,
or equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
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. 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)
7. 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)
8. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
10. Adequate hand washing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
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. (Department of Public Health and Environment)
12. The facility shall utilize the existing public water supply(Little Thompson Water District). (Department
of Public Health and Environment)
13. Only vehicles used in the operation and personal vehicles may be washed at this facility. Only vehicle
exteriors shall be washed. There shall be no washing of motors or parts that may be contaminated
with oils, greases, solvents, gasoline, etc. All run-off from any vehicle washing activity must be
contained on the property and shall not be discharged to any surface water. (Department of Public
Health and Environment)
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14. If any equipment that is routinely stored at this location is used at a known environmentally
contaminated site, the equipment shall be appropriately cleaned before returning to the site.
(Department of Public Health and Environment)
15. The number of trucks related to this operation shall be limited to eight. (Planning Commission)
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the 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.
6
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 12
Cathy Clamp requested the applicant add to the covenants from the Comprehensive Plan W.Goal 2., the
Right to Hunt, since there is a lot of birding in the area. Mr. Stencil said they would be agreeable to this.
Sheri Lockman added language as requested by the Board, for the mineral owners. Under prior to the
Board of County Commissioner's hearing #1A, with subsequent renumbering; The applicant shall submit
evidence that an agreement has been reached with the property's mineral owners or submit evidence that
the mineral owners concerns have been mitigated.
Bryant Gimlin moved that Case Z-558, be forwarded to the Board of County Commissioners along with the
amendments to the Conditions of Approval with the Planning Commissions recommendation of approval.
Michael Miller 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,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nicklas,yes. Motion carried unanimously.
CASE NUMBER: USR-1336
APPLICANT: Mark&Phyllis Van Thuyne
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Use Permit for a use allowed by
right in the 1-3 (Industrial) Zone District (Maintenance and Outdoor Storage of
equipment for the installation of underground fiber-optic lines)in the A(Agricultural)
Zone District
.-. LEGAL DESCRIPTION: Part of the SE4 of Section 9,Township 4 North, Range 68 West of the 6th
P.M.,Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 46,approximately%mile east of Weld
County Road 5.
Chris Gathman,Department of Planning Services,presented USR-1336,reading the recommendation and
comments into the record.The Department of Planning is recommending approval of the application,with
the changes to the Conditions of Approval and Development Standards.
Mark and Phyllis Van Thuyne, applicants,gave a history of the land. Their family has been in the Berthoud
area for over 60 years. With all the changes happening in agriculture they decided to stop farming and start
this business. Mr. Van Thuyne explained that this is a utility business, and they are currently in business
with Qwest and subcontract to do phone lines. Mr.Van Thuyne said there shouldn't be a lot of changes to
what has been done on the property in the past, as two of the trucks they currently use have been farm
trucks.They are a small fleet of trucks that provide a service. As far as the dust concerns,they do not have
as many trucks,and the truck drivers have been informed about dust control. In the winter they start trucks
up 15 minutes early to warm them up,and this has been a concern with the neighbors. Mr.Van Thuyne said
they do not perceive to grow,and do not have plans on expanding at this time. Mr.Van Thuyne added that
they would like to keep the hours of operation form 6 a.m. to 6 p.m.
Michael Miller asked Mr.Van Thuyne if he would be willing to limit the number of trucks to eight. Mr. Van
Thuyne said that this would be more than fair.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jack Gallegos,who lives 1/2 mile down road,said that he moved to the area for its agricultural character,but
he know is thinking of doing a similar type use, and just wanted to see how his application goes.
Fred Weis,surrounding property owner,supported the request to do the business,but does have concerns-.
with what happens next, and asked where we draw the line on industrial businesses on agricultural land.
Mr. Weis also wanted an explanation of what a USR does. Lee Morrison, Assistant County Attorney, ,
explained what the process is,and that it does not change the zoning and is only used for what is described
in the permit. Mr. Morrison added that the permit can be revoked if the Conditions of Approval or O rr1
Development Standards are not being followed. Mr.Weis asked if someone else bought the property and K #
p raor witonsa
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
June 19, 2001
Page 13
had a similar use,could they continue the use. Mr. Morrison said that the permit would still be valid,but the
permit would not be portable if the Van Thuyne's moved to another property. If the permit sits for more than
3 years,the use would be vacated, but this process would need to be initiated. Mr.Weis said he would like
to see the area remain agricultural and continue to farm. If property stays the same, he has no objection,
but does object to other people wanting to do the same types of uses.
John Folsom asked to address the hours of operation. Cristie Nicklas asked the applicants what they would
like to see the hours to be. Mr.Van Thuyne said expanding the hours from 6:00 a.m.to 7:00 p.m.would be
sufficient, due to a lot of the work being in Denver.
Bryant Gimlin said if they limited the hours for washing and maintenance, this would address surrounding
property owner concerns. Mr. Van Thuyne said this would be fine. _
Bryant Gimlin moved to change Development Standard#3 to say: Hours of operation for maintenance and
cleaning of equipment shall be limited from 6:30 a.m.to 6:00 p.m., Monday through Saturday. Man Marrs
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes; Man Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nicklas,yes. Motion carried unanimously.
Chris Gathman added language to the Development Standard #15, with renumbering, for limiting the
number of vehicles to say the following: The number of trucks related to this operation shall be limited to
eight.
Michael Miller moved to add Development Standard#15. Cathy Clamp 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,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
The Chair asked the applicants if they were in agreement with the Conditions of Approval and Development
Standards. Mr.Van Thuyne stated they were in agreement.
Mr.Van Thuyne asked to add landscaping to the side the Mr.Weis owns for buffering reasons for potential
future buyers. Cristie Nicklas said that landscaping is a condition,and that they would be able to submit this
plan to the Planning Department for approval.
Michael Miller moved that Case USR-1336,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and amendments to the Development Standards with the Planning Commissions
recommendation of approval. Stephan 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,yes;Bryant Gimlin,yes;Cathy Clamp,
yes; Cristie Nicklas, yes. Motion carried unanimously.
CASE NUMBER: SCH-19
PLANNER: Julie Chester
APPLICANT: Scott Busker, Busker Dairy/c/o AgPro Environmental Services, LLC
REQUEST: A Review of a Previously Denied Application for Land Use (USR-1202, for a Dairy) and
request for a Substantial Change Determination.
LEGAL DESCRIPTION: N2 SW4 of Section 28,T2N,R67W of the eh P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to WCR 17 and North of WCR 16
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