HomeMy WebLinkAbout990212.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple 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: c,_,
CASE NUMBER: USR-1203 v
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APPLICANT: Allen Rathe -<� '' ty
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ADDRESS: 5617 Ute Lane, Greeley, Co 80631 I>rDc01 2"� `n_
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PLANNER: Eric Jerman
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Accessory Structo'
with Gross Floor Area larger than 1,500 square feet (1,800 square feet) in Arrowhead
Subdivision in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Lot 8, Block 12,Arrowhead Subdivision, Fourth(4th) Filing, Section 27, T5N,
R66W of the 6th P.M., Weld County, Colorado
LOCATION: Approximately 1/4 mile Ease of WCR 31 and approximately 1/4 mile South of WCR 54.
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's Agricultural and Urban Growth Boundary Goals and Policies. The proposed
accessory structure does not remove any farmland from production.The proposed accessory
structure lies within the City of Greeley's three(3) mile area of influence but is not in its Urban
Growth Boundary.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone
district. Section 31.4.16 provides for Accessory Buildings with gross floor area larger than
1,500 square feet as a Use by Special Review in the A zone district.
c. Section 24.3.1.3 —That the USES which would be permitted will be compatible with the
existing surrounding land USES. The surrounding area consists predominantly of large-lot
single family uses. Accessory uses include horses and large garden areas, which are
accompanied by pole barns and accessory buildings. The proposed accessory structure is
compatible with these uses.
d. Section 24.3.1.4 --That the USES which would 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 the COMPREHENSIVE PLAN or MASTER PLANS of affected
municipalities. The proposed structure lies within the City of Greeley's three (3) mile of
influence. The City of Greeley, in a referral received November 12, 1998 had no conflicts
with the application for Special Review Permit. City of Greeley Planning staff has confirmed
that the city's Planning Commission has accepted staff approval of the referral for USR-1203.
. EXHIBIT
990212
LASR-#A03
RESOLUTION, USR-1203
Rathe
Page 2
e. Section 24.3.1.5 --That the application complies with the Weld County Zoning Ordinance,
Section 50, Overlay District Regulations if the proposal is located within the Overlay District
Areas identified by maps officially adopted by Weld County. The proposed site is not located
within any overlay districts.
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 in the location for the proposed USE. The proposed USE will not create any new lots
and the structure will not remove any farmland from production.
g. Section 24.3.1.7--That there is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the NEIGHBORHOOD and the County. The Use by Special
Review Development Standards shall provide adequate provision for the protection of the
health, safety and welfare of the inhabitants of the surrounding NEIGHBORHOOD and the
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. (Dept. of Planning)
2. Prior to recording the plat:
A. The applicant shall submit to the Department of Planning Services evidence that the
Environmental Protection Services Division of the Weld County Health Department
has approved a waste handling plan for USR-1203. The plan shall include at a
minimum:
(1) A list of wastes which are expected to be generated on site (thisshould
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 (induding
the facility name, address, and phone number).
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)
990212
RESOLUTION, USR-1203
Rathe
Page 3
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
Bruce Fitzgerald
Michael Miller
The 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 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 December 1, 1998.
Dated D mber, 1998.
Wendi Inloes
Secretary
990212
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1203
1. The Site Specific Development Plan and Special Review Permit is for an Accessory Structure with
Gross Floor Area larger than 1,500 square feet(1,800 square feet) in Arrowhead Subdivision in the
A (Agricultural) Zone District as submitted in the application materials on file and subject to the
Development Standards stated herein. (Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance. (Planning)
3. All liquid and solid wastes 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. Fugitive dust shall be controlled on this site. (Health Dept.)
7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured
according to 25-12102, Colorado Revised Statutes. (Health Dept.)
8. 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. (Health Dept.)
9. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance. (Planning)
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. (Planning)
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. (Planning)
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 herein and all
applicable Weld County Regulations. (Planning)
13. The Special Review area shall be limited to the plans shown herein and governed by the foregoing
Standards and all applicable Weld County Regulations. Major 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 and the 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. (Planning)
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)
390212
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 1, 1998
Page 2
Julie Chester, Department of Planning Services, presented Case Z-518. Preliminary comments were entered
as final. Julie stated that the Department of Planning is recommending approval of the application, along
with the Conditions of Approval. Julie than read the recommendation into the record.
Jeff Couch, representative for the applicants, was available for questions, and explained that they went with
the PUD process to dress the project up. They will have building envelopes, and a trail for open space will also
be available.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked Mr. Couch if the applicant was in agreement with the Conditions of Approval. Mr. Couch
stated they were in agreement.
Jack Epple moved that Case Z-518, be forwarded to the Board of County Commissioners along with the
Conditions of Approval along 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. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, abstained. Motion carried unanimously.
CASE NUMBER: USR-1203
APPLICANT: Allen Rathe
PLANNER: Eric Jerman
LEGAL DESCRIPTION: Lot 8, Block 12, of Arrowhead Subdivision, 4th Filing, located in Section 27,
T5N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a garage and
workshop.
LOCATION: Approximately 1/4 mile east of Weld County Road 31; approximately 1/4 mile south of Weld
County Road 54 (5617 Ute Lane).
Eric Jerman, Department of Planning, presented Case USR-1203. New comments were handed out to
replace the preliminary comments. The Department of Planning is recommending approval of the application
along with the Conditions of Approval and Development Standards. Eric than read the recommendation into
the record.
Jack Epple asked Eric why this application had come before the Planning Commission, he thought that in the
past, the Planning Department had approved some applications of this type unless there was a problem. Eric
explained that it was his understanding that these types of applications had gone before the Planning
Commission, although this application had no problems. Lee Morrison, explained that certain buildings used
for ag purposes do not go before the Board, but accessory buildings more than 1,500 sq. feet in a platted
subdivision, require a Special Use Permit, and they cannot be granted by staff, and this is why is has come
before the board.
EXHIBIT
990212 C,
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
December 1, 1998
Page 3
i
Fred Walker asked Lee about the requirement of the 1,500 sq. ft., and how this was decided, and what the
purpose for it was. Fred stated that he has a problem within a case like this, when an individual goes around
to their neighborhood and gets a petition signed that it is ok, and then has to spend $1,100 to get approval
from the County. In a case like this where the community is saying ok, and bureaucracy is making him spend
$1,100 to get a permit, Fred feels it's not right. Lee explained the 1,500 sq. ft. provisions have been in place
for quite some time as per the zoning ordinance, so that structures are not built out of scale or so large that
they impeded on other peoples property. Lee believes from discussions, that the Board of County
Commissioners had discussed on more than one occasion, that there should be some modification, and that
the Planning staff has recommended some changes that have not been agreed upon. Lee stated he feels
that it is worth discussing, and that as a board or as individuals, they could make a recommendation to review
or change. Lee also added that there has been concern over this issue on both sides. Fred thought that
before they spent the money on the permit, that it could be spent on screening or something the community
would like, and let the community make the decision, and that the money is being poorly spent. Lee said that
he understands that some accessory buildings are dealt within the ag zone district by getting 70% surrounding
property owner consent, and that there is ongoing discussion about this issue with the Planning Department.
Scott Ballstadt added that this is a section of the ordinance that staff is working with the board on, so the
concern is being addressed, but is only in the early stages.
Arlan Marrs asked Scott on a use such as this one, does it take the same amount of staff time to prepare
compared to others, and is $1,100 appropriate. Scott explained that all USR permits go through the same
process, but this type of case probably does not require as much staff time as others.
Allen Rathe, applicant, explained that he was there because he had bought the garage before doing any
investigating on the 1,500 sq. ft. limitations.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked Mr. Rathe if he was in agreement with the Conditions of Approval and Development
Standards. Mr. Rathe stated he was in agreement.
Arlan Marrs ask Mr. Rathe how he first became aware that he was going to need to go through this process.
Mr. Rathe explained it was on the day he went in to apply for the building permit.
Jack Epple moved that Case USR-1203, 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.
Fred Walker made a comment that if there is some way the policy is changed by the Board of County
Commissioners, if Mr. Rathe could be refunded some or all of the fee.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nickles, yes; Stephan Mokray, yes; Michael Miller, yes; Bruce
Fitzgerald, yes; Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
990212
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