HomeMy WebLinkAbout992084.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, with the amendment to Development Stiard#19, be
introduced for passage by the Weld County Planning Commission. Be it resolved by'the-Weld County
Planning Commission that the application for:
PLANNER: Sher Lockman
CASE NUMBER: USR-1238
APPLICANT: John Eichman
ADDRESS: 4705 Springer Drive, Fort Collins, CO 80524
REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted as
a use by right in the Commercial Zone District(Excavation Business) in the Agricultural Zone
District.
LEGAL DESCRIPTION: Lot B RE-2525 being part of the NW4 Section 15, T7N, R66 W of the 6th
P.M., Weld County, Colorado
LOCATION: Souti of and adjacent to State Highway 14 and 1/4 mile east of Weld County Road 31
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 amended, as follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive Plan.
A.Goal 2 in the Comprehensive Plan allows for commercial and industrial uses which are
directly related to or dependent upon agriculture to locate within Agricultural zoning when the
impact to surrounding properties is minimal, and where adequate services and infrastructure
are available. The proposed use is primarily to provide excavation services in the area,
among their customers will be local farmers. This use has minimal impacts on surrounding
properties. A.Goal 1 encourages the preservation of prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture. This proposal is located
on a small parcel of land that has been historically used for onion and farm equipment
storage. Therefore, no prime farmground is taken out of production.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the
USE is located. Section 31.4.18 of the Weld County Zoning Ordinance provides for uses
allowed as a use by right in the Commercial or Industrial zone distrits as a Use by Special
Review in the Agricultural Zone District. Section 31.4. of the Weld County Zoning Ordinance
provides for agricltural service establishments in the Agricultural Zone District, which would
include onion storage and processing.
c. Section 24.3.1.3 --That the USES which would be permitted will be compatible with the
existing surrounding land USES. Surrounding land uses include residential uses and vacant
agricultural land. AMUSR-1191 for an agricultural service establishment to manufacture and
assemble agricultural implements and to repair and sell farm machinery is located to the
north east of the site. The conditions of approval and development standards ensure the
impacts to surrounding properties are minimal.
s
EXHIBIT
992084
RESOLUTION, USR'238
John Eichman
Page 2
d. Section 24.3.1.4 --That the USES which would be permitted will be compatible with future
deve opment of the surrounding area as permitted by the existing zoning and with the future
deve opment as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected
municipalities. This proposal is located within the referral area of the Towns of Ault, Pierce
and Eaton, however, it is not within their Urban Growth Boundaries. Non of the towns
responding stated that the application presented conflicts with their interests.
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 24.3.1.6 --That if the USE is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime agricultural
land n the locational decision for the proposed USE. The site in which this use is proposed
is 2.77 acres and has been historically used as an onion and farm machinery storage facility
and has not been farmed.
g. 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 the health, safety and welfare of the inhabitants of
the neighborhood and county.
This recommendation is based, in pad, 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 cf Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 60 days of approval by the Board of County Commissioners. (Planning Dept.)
2. Prior to recording the plat:
A. Prior to recording the plat, the applicant shall submit a waste handling plan to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment. (Health Dept.)
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.
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).
B. A detailed landscaping plan identifying the number, size and species of landscaping
materials/buffering materials, shall be submitted to the Department of Planning Services for
review and approval. The plan shall also address maintenance of the landscaping materials
and potential replacement of dying materials. The approved plan shall be delineated on the
plat 'nap. (Planning Dept.)
RESOLUTION, USR1238
John Eichman
Page 3
C. The applicant shall submit an on-site improvements agreement for landscaping. (Planning
Dept)
D. All oJtdoor storage shall be screened from adjacent properties and public rights of way.
(Plarning Dept.)
E. The plat shall be amended to delineate the following:(Planning Dept.)
1) The proposed access ramp/loading dock.
2) The location of the future residence and office.
3) The location of proposed signage. Signs must comply with Section 42 of the Weld
County Zoning Ordinance.
F. The applicant shall provide evidence to the Department of Planning Services that an access
permit from the Colorado Department of Transportation was granted for access to State
Highway 14 or evidence that the applicant has complied with the requirements of the
Colorado Department of Transportation. (Planning Dept. & Public Works)
G. The applicant shall submit to the Weld County Public Works Department a plan which
indentifies a small retention area to hold any storm water drainage runoff that may occur from
the existing metal building or drainage patterns. It appears the drainage pattern will collect
and hold water at the southwest corner of the site. If the applicant chooses to utilize the
existing pond directly southwest of the property line, written permission must be obtained
from the adjacent property owner. An approved copy of this plan or written permission from
the adjacent property owner shall be submitted to the Department of Planning Services. Upon
approval by Weld County Public Works the plan shall be delineated on the plat. (Public
Works)
H. The applicant shall complete all conditions of approval attached to Recorded Exemption
2525. (Planning Dept.)
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. (Planning Dept.)
Motion seconded by Stephan Mokray.
VOTE:
For Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
John Folsum
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
RESOLUTION, USR'1238
John Eichman
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, 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 August 3, 1999.
Dated the 3rd of August, 1999.
MIA—
Jennifer Mehring /
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Eichman
USR-1238
1. The Site Specific Development Plan and a Special Review Permit for an Excavation Business in the
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 final disposal 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 disposed 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. Adequate toilet facilities shall be provided for the employees. (Health Dept.)
8. An individual sewage disposal system is required for the proposed office 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. (Health Dept.)
9. An individual Sewage Disposal System is required if a residence is constructed and shall be installed
according to the Weld County I.S.D.S. Regulations. (Health Dept.)
10. In accordance with the Above Ground Storage Tank Regulations(7CCR 1101-14)a spillage retention
berm shall be constructed around the fuel tanks. The volume retained by the spillage berm should
be greater than the volume of the largest tank inside the berm. Alternative protective measures may
be allowed provided they comply with the Above Ground Storage Tank Regulations. (Health Dept.)
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 Control Act and Regulations thereof. (Health
Dept.)
12. The facility shall utilize the existing public water supply (North Weld Water District). (Health Dept.)
13. The application materials indicate an easement on Lot B of RE-2525 for a septic system leach field.
The applicants and owners of both lots shall submit a joint maintenance agreement. This agreement
should include access necessary for maintenance. (Health Dept.)
14. The applicant shall place dust suppressant throughout the circulation and parking area a minimum
of twicea year. There are two structures directly east and south of State Highway 14 that may
beaffected by the additional heavy equipment and parking. (Public Works)
15. The waste dumpster located on the property shall be screened from all adjacent properties and public
rights-of-way. (Planning Dept.)
DEVELOPMENT STANDARDS, USR-1238
John Eichman
Page 2
16. The hours of operation shall be from 7:00 a.m. to 6:00 p.m. as indicated in the application materials.
(Planning Dept.)
17. The landscaping on site shall be maintained in accordance with the approved landscaping plan.
(Planning Dept.)
18. The future residence and office will require engineered foundations and an open hole inspection
conducted by a Geotechnical Engineer. (Building Inspection)
19. If deem necessary by the Weld county Building Inspection Department, the future office shall be
designed by an architect or engineer licensed by the State of Colorado. (Building Inspection
20. 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.
21. 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.
22. Personnel from the Weld County Health Department and Weld County Planning Department 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.
23. 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.
24. 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.
SUMMARY OF THE WELD COUNT PLANNING COMMISSION MEETING
August 3, 1999
Page 4
irrigation water across :he applicant's property is not indited by the relocation of the ditches or show that
reasonable steps have been taken to ensure continued unimpeded delivery of water in the absence of an
agreement." Michael Miller seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. John
Folsum, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Michael Miller moved that Case USR-1217, be forwarded to the Board of County Commissioners along with
the additions to the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Cristie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. John
Folsum, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1237
APPLICANT: Loveland Ready Mix
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of the NE4 of Section 3, T4N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Use by Special Review for a Gravel Mining Operation and a Concrete Batch Plant.
LOCATION: West of and adjacent to State Highway 257; approximately '%mile north of State Highway 60.
Ben Patton, Department of Planning Services, asked that Case USR-1237 be continued to the September
7, 1999 hearing due to the possibility of an annex agreement with the Town of Milliken.
Steve Fancher, applicant, explained that when this was referred to the Town of Milliken City Council, they were
insistent that the applicant agree to annex into the Town of Milliken.
The Chairman asked if Ihere was anyone in the audience who wished to speak for or against this application.
Ann Shaeffer, surrounding property owner, stated that she would like to listen to the concerns regarding this
annexation.
David Terril, surrounding property owner said that he had concerns with the jurisdiction if annexed and the
mineral rights.
Cristie Nicklas moved that Case USR-1237, be continued until the September 7, 1999 hearing. Stephan
Mokray seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. John
Folsum, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1238
APPLICANT: John Eichman
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-894, being Part of the NW4 of Section 15, T7N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an Excavation
Business in the Agricultural Zone District.
LOCATION: South of and adjacent to State Highway 14 and 1/4 mile east of Weld County Road 31.
= EXHIBIT
US -tali
SUMMARY OF THE WELD COUNT PLANNING COMMISSION MEETING
August 3, 1999
Page 5
Sheri Lockman, Department of Planning Services presented Case USR-1238. Sheri said that the Department
of Planning Services is recommending approval of the application along with the Conditions of Approval and
Development Standards. Sheri then read the recommendation into the record.
Bruce Johnson, representative of the applicant, and John Eichman, applicant, were both present and had no
comments.
Mike Miller asked what tjpe of business Mr. Eichman runs. Mr. Eichman explained that he does residential
construction work. There would be no hauling of any materials back and forth, and no business being
conducted on the property. He said it would just be a place to park their vehicles for the construction business
and the buildings will be used as a shop. Mr. Eichman added that they will be leasing the onion shed back
to the original owner.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Mike asked about Development Standard #19 and why it is being required. Sheri answered that this
Development Standard was added by the Building Inspection Department.
Bryant asked if the access onto the property was off of Highway 14 and if there were any concerns from
Colorado Department a'Transportation. Mr. Eichman replied that there are three entrances off cf Highway
14, but they will only use two of those entrances. Sheri added that condition of Approval#2f, states that they
will have to go through Colorado Department of Transportation to get approval.
The Chairman asked Mr. Johnson if he was in agreement with the Conditions of Approval and Development
Standards. Mr. Johnson stated he was in agreement with all of them except for Condition of Approval#2E1,
because they will not have an access ramp/loading dock. Sheri said that they can remove either it or the
applicant can write a letter to the Department of Planning stating they will not have a ramp/dock.
Dave Sprague, Lead Building Official, addressed Development Standard#19 and stated that the necessity
to have the building designed by an engineer or architect would depend on the type of building they would be
constructing.
Roger Vigil, Building Inspector, stated on commercial Buildings it is a requirement to be designed by an
engineer or an architect.
Cristie asked if the office would be placed in an existing building or if there is a building that will be
constructed. Mr. Johnson said that it would be an addition to the existing building.
Mike asked if these concerns be addressed when the applicant applied for a building permit. Mr. Sprague
said that was correct and added that it just depended on the type of building being constructed.
Mike said that they are not building a big commercial building, they are only adding onto an existing structure
for their office. He then asked if an architect needs to be hired to design the addition or if they can just imply
the County Codes. Mr Sprague said that if the building is fairly small then they would not require engineer
or architect design.
Mike moved to amend Development Standard# 19 to read, "If deem necessary by the Weld County Building
Inspection Department, the future office shall be designed by an architect or engineer licensed by the State
of Colorado." Cristie Nicklas seconded the motion
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. John
Folsum, yes; Arlan Nlarrs, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Cristie Nickles, yes; Fred Walker, yes. Motion carried unanimously.
SUMMARY OF THE WELD COUNT PLANNING COMMISSION MEETING
August 3, 1999
Page 6
Cristie Nicklas moved that Case USR-1238, be forwarded to the Board of County Commissioners along
with the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval. Stephan Mokray seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. John
Folsum, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Bruce
Fitzgerald, yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1236
APPLICANT: Public Service company of Colorado
PLANNER: Eric Jerman
LEGAL DESCRIPTION: Sections 10, 11, and 12, T3N, R67W; Sections 7, 8, 9, 16, 21, 28, 33, 34, and
35, T3N, R66W; Sections 1, 2, T2N, R66W; Sections 1, 2, 3, 4, 5, and 6, T2N,
R65W; Sections 3,4, 5, 6, 10, 15, 22,27 and 34, T2N, R64W; Sections 10, 15,
22, 27, and 34, Ti N, R64W of the 6th P.M., Weld County, Colorado.
REQUEST: Major Facility of a Public Utility (Transmission Line).
LOCATION: From Ft. Saint Vrain to the Weld County Line south of and adjacent to Prospect Reservoir.
Arlan asked to be excused for this case.
Eric Jerman, Department of Planning Services, presented Case USR-1236. Eric gave a description as to
where the transmission line would run and noted that condition of Approval #2b was added by the Weld
County Health Department for air pollution. The Department of Planning Services is recommending approval
of this application along with the Conditions of Approvals and Development Standards. Eric then read the
recommendation into the record.
Michael Diel, Representative of Public Service, explained that obtaining approval from Planning Commission
is important because every aspect of our lives depend on electricity. They have conducted a study on the
location of the line for the best interest of Weld County Residents.
Crisite Nicklas asked it money was not an issue, could the line be buried. Mr. Diel explained that there are
several issues as to wly they have decided against burying the line. There are right-of-way issues, easy
access for technical faults, safety issues in digging and PUC regulates burying and does not always allow.
John Folsum asked when Ft. St.Vrain as a nuclear plant was built was there a line built at that time to connect
it to the grid or was Ft. St. Vrain considered a gas fueled generator. Mr. Diel replied that the initial phase of
Ft. St. Vrain as a nuclear plant had one generator, but it was planned for more. There is one trench line that
connects the Fort with a substation near Ft. Lupton and then through Lochbuie through the outer valve line.
That line was capable of handling the capacity that the Fort gave out, which was minimal. Once the Fort was
decommissioned, they converted to natural gas. He added that they currently have two lines generated but
they will be adding a third.
Fred asked most of the Fort line was on an old right-of-way. Mr. Diel said that the section coming east out
of the Fort is within a 300-foot right-of-way and a portion of Weld County Road 31 is within a 250-foot right-of-
way, which will require additional right-of-way.
Fred asked if the proposed route will interfere with a mechanical irrigation system. Mr. Diel answered that
there are several on the route, and they will find a strategy to work around each of them. Mr. Diel said that it
would not interfere with the circular pattern of the mechanical irrigation system.
John asked Mr. Diel to address the surrounding property owner's concerns for health hazards relating to high
voltage transmission lines. Mr. Diel explained that they have done several studies on the magnetic fields and
the results prove that they do not pose a public health threat.
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