HomeMy WebLinkAbout992199.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray 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-1239
APPLICANT: T. Kevin Macurdy -
ADDRESS: 2091 Weld County Road 10, Erie Colorado 80516
PLANNER: Anne Best Johnson •
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home BusMess,
specifically a Masonry Construction Company in the Agricultural (A) Zone District.
LEGAL DESCRIPTION: Lot A of RE-1851, being part of the SW4 Section 9, Ti N, R68W, of the 6th
P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 10, approximately 1/4 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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It its the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan,
as amended. A.Goal 1 states, "preserve prime farmland for agricultural purposes which
foster the economic health and continuance of agriculture." This parcel is designated prime
farm ground on the USDA Soils map, however, this parcel was created through a Recorded
Exemption#1851 on November 18, 1996. The size of the parcel is not farmable, therefore,
no prime farmground is being taken out of production.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone
district. According to Section 31.1 of the Weld County Zoning Ordinance, as amended, "The
A District is also intended to provide areas for the conduct of Uses by Special Review which
have been determined to be more intense or to have a potentially greater impact than Uses
Allowed by Right." Section 31.3.18 of the Weld County Zoning Ordinance, as amended,
further states that"Any use permitted as a use by right, an accessory use, or a use by special
review in the Commercial or Industrial zone districts provided the property is not a LOT in an
approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption
of any regulations controlling subdivisions." This application is for a Masonry Construction
business to be located in the Agricultural Zone District. The nature of the business is to store
equipment and vehicles for off-site work.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County
Zoning Ordinance, as amended and will be compatible with future development of the
surrounding area. The surrounding uses include several acreage residential developments,
an airport residential development and crop production. The Conditions of Approval and
Development Standards ensure that the proposed use will remain compatible with
surrounding land uses. -4. EXHIBIT
992199
GIStIt/.23414
RESOLUTION, USR-1239
T. Kevin Macurdy
Page 2
In a letter dated November 27, 1996, Department of Planning Services staff indicated to Mr.
Macurdy that this business requires the approval of a Special Review permit by the County.
It is further stated that the use is considered a "Home Business" which is defined as "an
incidental use to the principal use for gainful employment of the family residing on the
property, where such use is conducted primarily within a dwelling unit or accessory structure
and principally carried on by the family resident therein..." The site is in the Agricultural Zone
and s eligible for a Use by Special Review for a Home Business.
d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. The Town of Erie did respond that the proposed development is not
consistent with the town's long range plans. The Conditions of Approval and Development
Standards ensure that the proposed use will remain compatible with surrounding land uses.
It is designated as Agricultural land by Weld County and is used as rural residential with a
Home Business.
e. Section 24.3.1.5 -- The proposal is located within the Geological Hazard Overlay District
Areas identified by maps officially adopted by Weld County. All future construction occurring
on this property shall comply with requirements as established with the Geologic Overlay
District section of the Weld County Zoning Ordinance, as amended and with Mr. Macurdy's
Geologic Hazard Development Permit, GHDP-14.
f. Sect on 24.3.1.6 --The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The Macurdy property is recognized on USDA maps as"Prime Farmland."
Although this designation has been made, the parcel size of 2.97 acres and subdivision of
land into 38 parcels within the western half of this section do not provide for efficient
agricultural practice.
g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordi-lance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance, as amended), 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 recommendatior 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 plat. The completed plat shall be delivered to the
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.
2. Prior to recording the plat:
A. 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. Mr. Macurdy is operating on site and
a Violation has been established,VI#9700174. It is through this application process
that Mr. Macurdy will come into compliance with Weld County Zoning regulations.
The violation will be closed only after Mr. Macurdy has met all Development
Standards, Conditions of Approval, and the plat has been recorded in the office of
the Weld County Clerk and Recorder.
RESOLUTION, USR-1239
T. Kevin Macurdy
Page 3
B. The applicant shall submit a landscaping and screening plan to the Department of
Planning Services for review and approval. The landscaping plan shall indicate
location, sizes and species of all plant materials, planting implementation schedule
and landscape maintenance plan in accordance with Section 24.5.1.10 of the Weld
County Zoning Ordinance. All operations and storage shall be screened from public
view. (Dept of Planning Services).
C. The septic system 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 the Environment. In the event the system
is found to be inadequately sized or constructed, the system shall be brought into
compliance with current regulations. (Public Health). The applicant shall submit
evidence to the Department of Planning Services that this condition has been met.
(Dept of Planning Services).
D. The plat shall be amended to include the following:
1. The approved drainage and retention area (Public Works).
2. The approved landscaping, screening and maintenance plan. (Dept of
Planning Services).
3. All accesses shall be delineated on the plat. (Public Works).
E. The applicant shall submit a waste handling plan to the Environmental Health
Services Division of the Weld County Department of Public Health and the
Environment. The applicant shall submit evidence to the Department of Planning
Services that this condition has been met. (Dept of Planning Services). The plan
shall include at a minimum, the following information: (Public Health).
1. A list of wastes which are expected to be generated on site. This should
include expected volumes and types of wastes 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.
F. The applicant shall submit evidence in writing to the Department of Planning
Services that all conditions of Violation - VI 9700174 have been met and the
case is ready to be closed. The Violation will be closed when the USR plat
has been recorded. (Department of Planning Services, Zoning Compliance).
G. The applicant shall submit evidence in writing to the Department of Planning
Services that items located around the two accessory structures have been
relocated to the interior of an accessory structure. Items stockpiled behind
the accessory structures shall be adequately screened from public view or
be disposed of. (Department of Planning Services).
RESOLUTION, USR•-1239
T. Kevin Macurdy
Page 4
H. The applicant shall submit evidence in writing to the Department of Planning
Services that the two small above ground storage tanks were properly disposed of.
(Colorado Department of Natural Resources, Division of Minerals and Geology).
I. The applicant shall attempt to address the concerns of the Mountain View Fire
Protection District. (Department of Planning Services).
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
John Folsum
Jack Epple
Bruce Fitzgerald
Michael Miller
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 VVeld County,
Colorado, adopted on August 17, 1999.
Dated the 17th of August
, 9919999.
wetru1{
Wendi Inloes
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
T. Kevin Macurdy
USR-1239
1. The Site Specific Development Plan and Special Use Permit for a Home Business, specifically a
Masonry Construction Business in the A (Agricultural) zone district, as indicated in the application
materials on file in the Department of Planning Services and subject to the Development Standards
stated hereon. (Planning).
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning).
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Public Health).
4. If applicable, an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application
must be submitted to the Air Pollution Control Division of the Colorado Department of Health
and Environment for emissions of criteria, hazardous or odorous air pollutants. Sources of
such emissions include, but are not limited to the following: sandblasting operations, mining,
spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. (Public
Health).
5. No permanent disposal of wastes shall be permitted at this site. (Public Health).
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Public Health).
7. Fugitive dust shall be controlled on this site. (Public Health).
8. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to 25-12-102, Colorado Revised Statutes. (Public Health).
9. Adequate toilet facilities shall be provided for the employees. (Public Health).
10. The facility shall be served by the existing septic system (permit no. G19700467). (Public
Health).
11. The facility shall utilize the existing the public water supply. (Left Hand Water).
12. The applicant shall adhere to all sign standards as outlined in Section 42 of the Weld County
Zoning Ordinance, as amended. (Planning Services).
13. All future construction occurring on this property shall comply with requirements as established with
the Geologic Overlay District section of the Weld County Zoning Ordinance, as amended. An existing
Geologic Hazard Development Permit for this property, GDHP-14, is in existence with the Weld
County Planning Department. (Planning Services).
14. Any buildings to be constructed or have the use changed will require building permits and
have the plans reviewed prior construction commences. (Building Inspection).
15. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance, as amended. (Planning Services).
16. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance, as amended. (Planning).
17. Personnel from the Weld County Health Department and Weld County Department of 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 hereon and all
applicable Weld County regulations. (Planning).
18. 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 Planning Commission 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. (Planning).
19. 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. (Planning).
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 17, 1999
Page 4
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, no; Jack Epple, yes; Bruce
Fitzgerald,yes; Gristle Nicklas, yes; Fred Walker,yes. Motion carried.
CASE NUMBER: USR-1239
APPLICANT: T. Kevin Macurdy
PLANNER: Anne Best Johnson
LEGAL DESCRIPTION: Lot A of RE-1851; Part of the SW4 of Section 9, PIN, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a Masonry
Construction Company in the Agricultural Zone District.
LOCATION: North of and adjacent to Weld County Road 10, approximately 1/4 mile east of Weld County
Road 5.
Anne Best Johnson, Department of Planning, presented Case USR-1239. New comments were handed out
to the board that replaced the preliminary comments. Anne then read the recommendation into the record,
and stated that the Department of Planning is recommending approval of the application, along with the
Conditions of Approval and Development Standards,
Bruce Fitzgerald asked about the letter in the packet dated November 26, 1996, that Mr. Macurdy received
that he was in violation, and why it had been three years. Anne said Mr. Macurdy could better explain this.
John Folsom asked about an old gas pump on the site, and if Planning and Health were satisfied that there
is not an underground tank on the premises that might lead to ground contamination. Trevor Jiricek, Weld
County Health Department, stated they were satisfied.
Kevin Macurdy, applicant, addressed Bruce Fitzgerald's question on the violation. Mr. Macurdy explained that
when he purchased the property five years ago, the two previous owners had businesses on the site and had
not obtained the appropriate permits. The use has not changed from what had been out there, and he is now
trying to bring the site into compliance. Mr. Macurdy also explained that he has done a Recorded Exemption
on the property, and this is when Planning became aware of the violation. He wanted to finish one process
before beginning another, and was also held up some because of his engineer, and it took more time.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jane Maxwell Jones, surrounding property owner, expressed concerns on safety. She explained that there
have been two incidents of theft, one being tools from a residential construction site, and the other was a
pickup truck stolen from Mr. Macurdy's property. Mrs. Jones husband was told by Mr. Macurdy that is was
one of his disgruntle employees. Mrs. Jones has concerns of future problems, and wanted to know if Mr.
Macurdy has any legal or moral obligation to his neighbors,
Fred Walker asked Anne about number of employees. Anne explained that there will be five employees that
will come to the site in the mornings to pick up their vehicles and equipment, and well leave for jobs offsite.
There will also be one part time accountant coming to the site once a week.
Lee Morrison, Assistant County Attorney, addressed the legaUmoral obligation. Lee said that is would depend
upon the compatibility of the business. As a neighbor, neighbors should look after one another, but that there
would be no legal obligation as described.
Mrs. Jones asked if they could require Mr. Macurdy to supervise his employees. Lee explained that they have
done this on occasion with an operation that has a technical function such as waste, but in this case it may
be a reach to prove that this operation this case is a difficult/technical operation. EXHIBIT
USA 4/,239
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
August 17, 1999
Page 5
Bruce Fitzgerald asked if Mrs. Jones if she was aware of any conviction from the crimes. Mrs. Jones said she
was not aware of any convictions, but that the Sheriffs office had been to the site.
Mr. Macurdy added that his truck was stolen from a non-employee, and that the Weld Sheriffs office in
conjunction with the Commerce City Police, had apprehended the individual. The other theft on the tools has
also been recovered at 90% and returned to the contractor.
The Chair asked Mr. Macurdy if he was in agreement with the Conditions of Approval and Development
Standards. Mr. Macurdy stated that he was in agreement.
Stephan Mokray moved that Case USR-1239, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Cristie Nicklas 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; Jack Epple, yes; Bruce
Fitzgerald,yes; Cristie Nicklas, yes; Fred Walker,yes. Motion carried unanimously.
Meeting adjourned at 2:55 p.m.
Respectfully submitt
WS/
Wendi Inloes
Secretary
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