HomeMy WebLinkAbout990814.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-1218
PLANNER: Julie A. Chester
APPLICANT: Charles and Gail Schnerle I I'll ••.3
ADDRESS: 1261 95th Avenue, Greeley, CO 80634 '.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home Business,
(Storage Units), in the A(Agricultural)Zone
LEGAL DESCRIPTION: Lot A of Recorded Exemption 1401, being a portion of the E2/NE4 and
NE4/SE4 of Section 12, T5N, R67W of the 6th P.M.,Weld County, Colorado
LOCATION: West of and adjacent to 95th Avenue, approximately % mile south of Highway 34, Business
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 is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan.
A. Goal 2 allows for commercial and industrial uses to locate in the Agricultural Zone District
when the impact to surrounding properties is minimal, and where adequate services and
infrastructure are available. The Development Standards, Conditions of Approval, and
Operations Standards will effectively mitigate any adverse impacts to surrounding areas.
Currently, water is provided by the City of Greeley and a private well. There is a septic
system for the existing home and future office. The Weld County Health Department is
requiring public restrooms and this has been addressed through a Development Standard
#11. Due to the size of the parcel, no prime farm ground will be taken out of production.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone
district. Section 31.4.15 describes a Home Business as a Use by Special Review in the
Agricultural zone district.
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 proposal is compatible with surrounding land uses which include
agricultural production, including a dairy and a few residences. The existing residence will
be maintained in its current condition, and will be used as an office by the homeowners. The
applicants are proposing some landscaping along 95th Avenue, which would help mitigate
the impacts to surrounding property owners.
990814
RESOLUTION, USR-1218
Charles and Gail Schnerle
Page 2
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 district and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. The City of Greeley reviewed this proposal and determined that this proposal
does not comply with the policies or intent of the City Comprehensive Plan, however,
conditions were added to their recommendation, if this application were to be approved.
Conditions of Approval and Development Standards have been added to address the
concerns of the City of Greeley.
e. Section 24.3.1.5--The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County.
f. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, 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 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 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 applicant shall submit a landscaping plan to the Department of Planning Services for
review and approval. The landscaping plan shall indicate location and species of all plant
materials, planting implementation schedule and landscape maintenance plan. (Dept. of
Planning Services)
B. The plat shall be amended to delineate the following:
1) The approved landscaping plan. (Dept. of Planning Services)
2) The approved drainage and retention area. (Public Works)
3) A typical cross section of the driveway, including width and depth of roadway and
type of surface. (Public Works)
C. The Environmental Protection Service Division of the Weld County Health Department was
unable to locate a septic permit for the septic system serving the existing residence which
will be used as an office. 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 E.P.S. Division of the Weld County Health Department. In the event the
system is found to be inadequately sized or constructed the system shall be brought into
compliance with current Regulations. As an alternative, if a septic permit does exist, a copy
of that permit may be submitted to the Weld County Health Department. (WCHD)
RESOLUTION, USR-1218
Charles and Gail Schnerle
Page 3
D. The applicant shall submit evidence of attempts to address the concerns of the City of
Greeley, as listed in the referral response dated March 1, 1999, to the Weld County
Department of Planning Services. (Dept. of Planning Services)
E. The applicant shall submit evidence of attempts to address any concerns of the
Windsor/Severance Fire District, to the Weld County Department of Planning Services.
(Dept. of Planning Services)
F. The applicant shall submit a drainage plan, with a retention area, to the Department of Public
Works for review and approval. (Public Works)
G. 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. (Dept. Of Planning Services)
H. The attached Development Standards shall be placed on the plat. (Dept. of Planning
Services)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
Bryant Gimlin
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 March 16, 1999.
Dated the
�116tthh of
March, 1999(n2. .) _teak)
Wendi Inloes
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Charles and Gail Schnerle
USR-1218
1. The Site Specific Development Plan and Special Use Permit for a Home Business, specifically of
Storage Units, in the A (Agricultural) Zone, as indicated in the application materials on file in the
Department of Planning Services and subject to the Development Standards stated hereon. (Planning
Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Dept.)
3. The hours of operation are from 8:00 a.m. to 6:00 p.m., seven days a week. (Dept. of Planning
Services)
4. The facility will consist of four prefab metal buildings. (Dept. of Planning Services)
5. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the Agricultural zone district (Dept. of Planning Services).
6. All liquid and solid wastes shall be stored and removed for the final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
7. No permanent disposal of wastes shall be permitted at this site.(Health Dept.)
8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
9. 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. (Health Dept.)
10. Any lighting used to illuminate the storage area, outside activity area, sign or other structure shall be
arranged as to deflect light away from any adjoining residential zone and from county roads. Any
lighting shall be designed, located, and operated in such a manner as to meet the following standards:
sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties; neither the direct or reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. (Dept. of Planning Services)
10. The facility shall utilize the existing septic system on site. (Health Dept.)
11. Adequate toilet facilities shall be provided for the public. (Health Dept.)
12. The facility shall utilize the existing public water supply (City of Greeley). (Health Dept.)
13. The southern portion of the proposed units shall accommodate a 25-foot driving lane to provide
adequate circulation. Dead end streets (not cul-de-sacs) shall not be permitted. (Public Works)
14. A dust suppressant shall be placed on the driveways, parking area and loading zones to control any
dust problems. (Public Works)
15. Exterior bearing walls less than five feet require one hour fire resistive construction (from the property
line). Prior to the release of building permits, blue prints must be submitted and shall include
engineered foundation and structural drawings. (Building Inspection)
16. The storage buildings shall meet all building and fire codes. (City of Greeley, Dept. of Planning
Services)
17. The storage buildings shall be painted with an earth-tone color, approved by the Weld County
Department of Planning Services, to blend into landscaping of the area. The structures must be kept
in good repair at all times. (Dept. of Planning Services)
18. All items within the storage unit area must be stored within the structures at all times. No outdoor
storage will be allowed. (Dept. of Planning Services)
19. A trash receptacle must be provided for the public and must be screened from all adjacent properties
and public rights of way. (Dept. of Planning Services)
20. Any proposed signage shall require appropriate building permits and be constructed in accordance
with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services)
21. 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 Dept.)
22. 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 Dept.)
23. 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 Dept.)
24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County 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 Dept.)
25. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Planning Dept.)
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 16, 1999
Page 8
Jack Epple moved that Case USR-1219, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and modification to Development Standard #23, regarding the hours of operation
conforming with Development Standard #16, 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. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Jack Epple,
yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1218
APPLICANT: Charles and Gail Schnerle
PLANNER: Julie A. Chester
LEGAL DESCRIPTION: Lot A of RE-1401; being a portion of the E2 NE4 and the NE4 SE4 of
Section 12, T5N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Home Business,
specifically of Storage Units.
LOCATION: East of and adjacent to 95th Avenue, approximately '/% mile south of Hwy 34 Business.
Julie Chester, Department of Planning Services, presented Case USR-1218. New comments were given to
replace preliminary comments. The Department of Planning is recommending approval of the application,
along with the Conditions of Approval and Development Standards. Julie then read the recommendation into
the record.
Fred Walker asked f there were any suggestions by the Division of Wildlife Julie explained that an initial
referral was not sent, and that in general a referral is sent if the property is in a flood plain or appears to be
in an area of significant wildlife habitat, which it did not appear to be. The City of Greeley brought the matter
to the departments attention, and a referral was sent at that time, along with a follow-up telephone call, and
a response was never received. Fred said he brought this up because of the letter from the City of Greeley
stated that any suggestions from the Division of Wildlife should be incorporated, and why would they write this
without knowing what the suggestions will be. Julie said they have attempted to contact the Division as
suggested by the Cily.
Arlan Marrs asked if 95th Avenue was a City of Greeley road. Don Carroll, Public Works, said that 95th has
been annexed into the City of Greeley. Arlan then asked how it is addressed on the issue of requirements
on the paving of 95th. Don explained that once an annexation occurs, it would be between the applicant and
City of Greeley. Julie added that the applicant is not against doing any paving, but wanted to wait until
construction of the buildings were completed.
Charles Schnerle, applicant, said that he was in agreement with the Conditions of Approval and Development
Standards, but would like to change some of the landscaping requirements. The property sits in the middle
of a corn field, and its difficult to landscape. Julie said that this was a City of Greeley recommendation, and
that as long as they attempt to address the issue, this would be what Planning staff is asking for. Mr. Schnerle
wants to landscape on the east side of his property for sure, but the north, west and south side should not
require landscaping.
Jack Epple asked if the county is requiring any landscaping. Julie said that we were not, and that we are
asking for an approved landscaping plan since Mr. Schnerle stated in his application that he would be doing
some landscaping. It is going to be up to Mr. Schnerle to negotiate with the City of Greeley, or at least attempt
to, and send a letter stating he has contacted Greeley and what he is proposing to do. The Department of
Planning will be approving the landscaping plan, and we are not requiring that they meet the City's
requirements, but to attempt to meet the requirements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 16, 1999
Page 9
Stephan Mokray moved that Case USR-1218, 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. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Jack Epple,
yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1216
APPLICANT: Lance Messinger
PLANNER: Julie A. Chester
LEGAL DESCRIPTION: Lot B of RE-2235; being part of the E2 of Section 31, T3N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource
Development facilities including Oil and Gas Support and Service (Storage and Repair of
downhole oil field tools).
LOCATION: East of and adjacent to WCR 25-1/2, just south of WCR 28.
Julie Chester, Department of Planning Services, asked that Case USR-1216, be continued to the April 6,
1999, hearing, due to lack of referral information.
Cristie Nicklas moved that Case USR-1216, be continued to the April 6, 1999, hearing. Stephan Mokray
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Jack Epple,
yes; Fred Walker, yes. Motion carried unanimously.
•
Meeting adjourned at 4:30 p.m.
Respectfully submitted
Wendi Inloes
Secretary
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