HomeMy WebLinkAbout991876.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas 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:
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Case Number: USR-1233
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Applicant: Dennis Timmreck/Jason Andryshak [
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Address: 646 State Highway 52 ' 4V9
Erie, CO 80516
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Request: A Site Specific Development Plan and a Special Review Permit for a Home Businesk7N the
A(Agricultural) Zone a:
Legal Description: Pt. SW 1/4 SE 1/4 of Section 31, Township 2 North, Range 68 West
Location: North of and adjacent to SH 52; Approximately % mile east of WCR 1
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 Department of Planning Services's staff 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, and
the property is currently being served by the Left Hand Water District and an Individual Septic
Disposal System. A. Goal 1 also encourages the preservation of prime farmland for
agricultural purposes. 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 A
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 in all directions. The existing residence will be maintained in its
current condition and all storage on site will occur within the existing and proposed buildings.
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 reviewed this proposal and determined that there were no
conflicts with the Comprehensive Plan.
e. Section 24.3.1.5--The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County.
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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 fit cA
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991876 r•N' BOV4N3d
RESOLUTION, USR-1233
Timmreck/Andryshak
Page 2
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 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)
B. The applicant shall submit a parking and drainage plan to the Department of Planning
Services for review and approval. The parking plan shall be made in accordance with
Section 41 of the Weld County Zoning Ordinance, and shall identify an overflow parking area
to the north and west of the existing parking area. Upon approval by the Department of
Planning Services and the Public Works Department the parking and drainage facilities shall
be delineated on the plat, as well as all landscaped areas on the site. (Dept. Of Planning
Services)
C. As referenced in the referral response from the Colorado Department of Transportation, one
of the two access points to the site shall be removed. The plat shall delineate only one
access point to the site. (Colorado Department of Transportation)
D. The applicant shall vacate the existing Special Use Permit for the site (USR-802).
(Department of Planning Services)
E. The applicant shall comply with all requirements of the Mountain View Fire Protection District.
(Dept. Of Planning Services)
F. The plat shall delineate a total of seventy-five feet(75') Right-of-Way for State Highway 52.
(Colorado Department of Transportation)
3. 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)
Motion seconded by Stephan Mokray.
VOTE:
For Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Jack Epple
Bruce Fitzgerald
Bryant Gimlin
RESOLUTION, USR-1233
Timmreck/Andryshak
Page 3
The Vice-Chairman 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, Jennifer Mehring, 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 15, 1999.
Dated the 15th of June,1999.
n
Jennifer aring
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
1. The Site Specific Development Plan and Special Use Permit is for a Home 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 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. 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 the final deposit in a manner that protects
against surface and groundwater contamination. (Health Dept.)
4. No permanent disposal of wastes shall be permitted at this site.(Health Dept.)
5. Waste materials shall be handled, stored, and deposited in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
6. 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.)
7. An individual sewage disposal system is required for this facility 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 I.S.D.S.
Regulations. A permit must be obtained from the Weld County Department of Public Health and
Environment. (Health Dept.)
8. The facility shall utilize the existing public water supply (Left Hand Water District). (Health
Dept.)
9. All outdoor storage associated with the approved use shall be screened from all road rights-of-way
and surrounding properties, in accordance with Section 24.5.1.10 of the Weld County Zoning
Ordinance.
10. 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.)
11. 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.)
12. 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.)
13. 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.)
14. 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 MEETING
June 15, 1999
Page 3
the water district for a block of taps in the amount necessary to fund the infrastructure. Therefore, they are
working on the language of the tap purchase agreement with the water district.
Jack Epple asked Don Carroll, Public Works, if this application included a road maintenance agreement. Don
replied that prior to recording the final plat, the applicant will have to enter road improvement agreements for
off site, which would be Weld County Road 7.5. Don added that the applicant will also need to provide an
internal route system.
Bryant Gimlin asked what the response was from the school district in regards to the impact this subdivision
will have on them. Mr. Carlson said that his perception was that they will give the School District a school site.
They would have a joint access agreement, which would enable them to use the lake as an outdoor
classroom. The School District has conditionally agreed to accept this school site. Ben added that there are
provisions in the Conditions of Approval that if the school site cannot be accepted then it will revert to open
space for the PUD.
Fred Walker moved that Case Z-524, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas,yes; Stephan Mokray,yes; Bryant Gimlin,yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1233
APPLICANT: Dennis TimmrecklJason Andryshak
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of the SW4 of the SE4 of Section 31, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and a Use by Special Review Permit for a Home Business
in the A(Agricultural)Zone.
LOCATION: North of and adjacent to State Highway 52; approximately % mile east of WCR 1.
Ben Patton, Department of Planning Services, presented Case USR-1233 and read the recommendation into
the record. Ben stated the Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards.
Wendy Timmreck, applicant was present and had no comments.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application.
Sharon Hopper, surrounding property owner, stated that she would like to know what kind of home business
this will be. Mrs. Timmreck explained that their business is mail processing. This business consists of
addressing envelopes, inserting mail, metering mail for bank services and commercial businesses. She
added that noise is not particularly involved and no waste is generated. The most visible impact would be
driving the mail to the post office.
The Vice-Chairman asked Mrs. Timmreck if she was in agreement with the Conditions of Approval and
Development Standards. Mrs. Timmreck stated she was in agreement.
EXHIBIT
IWE #133
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 4
Cristie Nicklas moved that Case USR-1233, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Man Marrs,yes; Cristie Nicklas,yes; Stephan Mokray,yes; Bryant Gimlin, yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: AmUSR-587
APPLICANT: Hard-Le Holsteins, c/o Lester Hardesty
PLANNER: Julie Chester
LEGAL DESCRIPTION: The NW4 of Section 10, T6N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service
establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including: Livestock Confinement Operations (a dairy for
1850 head of cattle).
LOCATION: South of and adjacent to Weld County Road 72 and east of and adjacent to Weld County
Road 31.
Julie Chester, Department of Planning Services, presented case AmUSR-587, and read the recommendation
into the record. The Department of Planning Services is recommending approval of the application along with
the Development Standards and Conditions of Approval.
Les Hardesty, applicant, explained that the competitive nature of the dairy industry has brought them to apply
for this permit. The dairy industry is a rapidly changing industry, and the lowest cost of production will be the
rule in the future. This industry favors most efficient production and the economic conditions now and in the
future will dictate how large dairies' are. Mr. Hardesty concluded that he hopes this permit will set the stage
for the future of their family farm.
Stephan Mokray asked Mr. Hardesty how many head of cattle they have at the present time. Mr. Hardesty
replied that they have 700 head of cattle.
Sherrill Hardesty, applicant, stated that they are not applying for this permit strictly for economic reasons.
Their intentions are to take care of their cows and to keep their business running in the same manner, but to
be economical in the future.
Stephan Mokray asked the applicants if they are aware of the several letters from surrounding property
owners addressing concerns of the run off issue. Mrs. Hardesty said that they were aware of the letters.
Stephan then asked the applicants if they are currently taking any actions in regard to these letters. Mrs.
Hardesty replied that they have taken action to help resolve the issue. The pictures of the run off are from
a very difficult storm that produced close to ten inches of rain in a ten day period. Mrs. Hardesty said that
although they did what they could to prevent the run off, they were unable to control the situation. Currently
with the help of EnviroStock, they have implemented part of a management plan and have placed three foot
berms along the roads. She added that they have not had any problems with the new management plan and
don't anticipate any more problems with the run off.
Phil Brink, EnviroStock and representative for the applicants, was present and had no comments.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application.
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