HomeMy WebLinkAbout20250753.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Cindy Beemer, 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:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR23-0046
6045 County Road 6 Trust
Maxwell Nader
Use by Special Review Permit for a Residential Therapeutic Center, outside of subdivisions and
historic townsites in the A (Agricultural) Zone District
Part of the S1/2 SW1/4 of Section 19, Township 1 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
North of and adjacent to County Road 6; east of and adjacent to County Road 13 (Colorado
Boulevard
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 23 -2-
260 of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect.
Section 22-2-10.B Respecting Private Property Rights. One of the basic principles upon which
the United States was founded is the right of citizens to own and utilize property so long as that
use complies with local regulations and does not interfere with or infringe upon the rights of
others.
The proposed application respects private property rights by allowing an existing use and
existing structure to be utilized in a way that better supports the needs of the community, by
providing expanded operating parameters to a residential therapeutic center. The existing site
activities, being a residential dwelling, have successfully co -existed with the surrounding
properties for many years and will continue to be utilized as such. This request complies with
County Regulations and does not negatively impact surrounding land uses.
Section 22-2-30.C. Harmonize development with surrounding land uses.
The proposed residential therapeutic center is a use that can serve the surrounding residential
population. Conditions of approval and development standards are attached to address
compatibility with the surrounding area . The property is adjacent to the municipal limits of the
City of Dacono and the city responded with no concerns. The proposal will be utilizing the
existing structures on site and will be limited to sixteen (16) residents due to the size of the
structure and staying compliant with state regulations. The structure will expand in size but will
go through a change of use process with the Building Department to ensure the building is
properly built for the use of a residential therapeutic center.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states; "Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
Resolution USR23-0046
6045 County Road 6 Trust
Page 2
', agricultural activities and activities related to agriculture and agricultural production, and
"for areas for natural resource extraction and energy development, without the interference
of other, incompatible land uses "
' Section 23-3-40 DD of the Weld County Code allows residential therapeutic centers as a
Use by Special Review outside of subdivisions and townsites
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses
Adjacent land consists of a vanety of uses including rural residence, commercial uses permitted
through Use by Special Review permits, and agncultural land
There are multiple Use by Special Review permits within one (1) mile of the site including a
trucking parking business (USR-1669), oil and gas support and service facility (1 MUSR20-18-
0061), non -1041_ major facility -230KV (U,SR18-0109), _two (2) compressor stations (USR-
941AM & SUP -223), commercial business for storage of roofing matenal (USR16-0002),
kennel (SUP -299), mining operation and batch plant (USR-1341), four (4) outdoor storage
facilities (USR16-0035 & 2MUSR17-13-0010 & USR-1607 & MUSR14-0021), and a public
utility facility (USR-1702), _
The Weld County Department of Planning Services sent notice to fifteen (15) Surrounding
Property Owners Two (2) letters were received back in January of 2024 during the second
round of review The concerns outlined in the first letter was focused on the previous request
of two (2) Residential Therapeutic Centers (RTCs) and the impacts associated with having two
facilities, such as traffic, infrastructure, zoning and property values The second letter also
submitted during the second round of review outlined concerns of traffic, noise, and general
safety
` The Development Standards and Conditions of Approval will assist in mitigating the impacts of
, the facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region
D Section 23-2-220 A 4 -- The uses which will 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 Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities
The site is located within the 3 -mile referral area for the Town of Erie, City of Fort Lupton, City
of Northglenn and City of Dacono All four municipalities responded with no concerns on their
referrals The City of Dacono is the nearest municipality,, being approximately 100 feet north
_ of the subject property The City's "Dacono Forward" Comprehensive Plan Update of 2017
' identifies this subject property as future "Suburban Residential" -
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code ,
The property is not located within any of the following overlay distracts officially adopted by the
County, including A -P (Airport) Overlay Distnct, I-25 Overlay District, MS4 - Municipal Separate
Storm Sewer System area, or Special Flood Hazard Area The property is located within the
Geologic Hazard Overlay District Specifically, the subject property is located within two (2)
depths of abandoned coal mines, being 350-399 feet and 100-149 feet The improvements on
site are located on top of the 350-399 foot -deep abandoned coal mine
` Building Permits issued on the lot will be required to adhere to the -fee structure of the County
- Wide Road Impact Fee Program Building _ Permits- issued on the proposed lot will be
required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs
Resolution USR23-0046
6045 County Road 6 Trust
Page 3
,F Section 23-2-220 A 6 -- The applicant has demonstrated= a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use
The proposal does not add additional buildings or impro"vements, the existing structures will be
used for the proposed use The property is currently not in crop production There are four (4)
sod classifications on the site Nunn clay, Renohill clay loam, Ulm clay loam, and Wiley -Colby
complex All four (4) sod classifications are either considered "Prime Farmland if irrigated" or
"Farmland of Statewide Importance" The site has historically been residential with the house
constructed in 2005 Based on the historic uses and the sod classifications this use will not
remove any "Pnme Farmland" from production
G Section 23-2-220 A 7 — There is adequate provisions for the protection of ,the health, safety,
_ and welfare of the inhabitants of the neighborhood and County The Design Standards (Section
23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code),
Conditions of Approval and Development Standards can ensure that there are adequate
provisions for the protection of health, safety, and welfare of the inhabitants- of the
neighborhood and County
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached 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 and will address and mitigate impacts on the
surrounding, area with the operation of this ,facility
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 recommendation for approval is conditional upon the following
Prior to recording the map
A The applicant shall address the comments from the Central Weld County Water Diatnct, as
stated in the referral response dated November 26, 2024 Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services (Department of Planning
Services)
B The applicant shall acknowledge the comments from the Mountain View Fire Rescue, as stated
in the referral response dated November 26, 2024 Evidence of such shall be submitted in
writing to the Weld County,Department of Planning Services (Department of Planning Services)
C As the applicant intends to utilize the existing On -site Wastewater Treatment system the 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 system's 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 Environment In the event the
system is found to be inadequately sized or constructed (Department of Public Health and
Environment)
D The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR23-0046 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
Resolution USR23-0046
6045 County Road 6 Trust
Page 4
4 The applicant shall delineate on the map the trash collection areas Section 23-2-240 A
13 of the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
5 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division -
2 of .the Weld County Code, if applicable (Department of Planning Services)
6 ' The map shall delineate the parking area for the vendors, customers and/or employees
(Department of Planning Services) `
7 Show and label all recorded easements and rights -of -way shall be delineated- on the
map by book and page number or reception number (Department of Planning
Services)
8 County Road 6 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buddout
The applicant shall delineate and label on the site map or plat the future and existing nght-
of-way (along with the documents creating the existing right-of-way) and the physical
location of the road All setbacks shall be measured from the edge of right-of-way This
road is maintained by Weld County (Development Review)
9 County Road -13 (Colorado Boulevard) is a paved road and,is designated on the Weld
County Functional Classification Map as an artenal road which requires 140 feet of right-
of-way at full buildout The applicant shall delineate and label on the site map or plat the
future and existing right-of-way (along with the documents creating the existing right-of-
way) and the physical location of the road All setbacks shall be measured from the edge
'of nght-of-way This road is maintained by Weld County- (Development Review)
10 Show and -label the proposed access location onto CR 6, the approved access width and
the appropriate turning radii on the site plan The applicant must obtain an access permit
in an approved location pnor to construction Label the existing, unpermitted access point
onto CR 6 as "Close and Reclaim " (Development Review)
11 Show and label the approved tracking control on the site plan (Development Review)
12 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Development Review)
13 Show and label the entrance gate if applicable An access approach that is gated shall be
designed so that the longest vehicle (including traders) using the access can completely
clear the traveled way when the gate is closed In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet (Development Review)
14 Show and label the drainage flow arrows (Development Review)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (pdf) of the map for preliminary approval to the Weld County Department of Planning
Services Upon approval of the map the applicant shall submit a paper map along with all other
documentation required as Conditions of Approval The paper map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services The
map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld
County Code The- paper map and additional requirements shall be submitted within one
hundred twenty' (120) days from the date of the Board of County Commissioners Resolution The
applicant shall be responsible for paying the recording fee (Department of Planning Services)
Resolution USR23-0046
6045 County Road 6 Trust
Page 5
3 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded
within the specified timeline from the date of the Board of County Commissioners Resolution, a
$50 00 recording continuance fee shall be added for each additional 3 -month penod (Department
of Planning Services)
4 Prior to Construction
A The access permit shall be obtained and the approved tracking control shall be constructed prior
to on -site construction/remodel (Development Review)
B If more than one (1) -acre is`to be disturbed, a Weld County Grading ,Permit will be required
(Development Review)
5 Pnor to the issuance of the Certificate of Occupancy
A On -site Wastewater Treatment systems are required for the proposed facility and shall be
installed according to the Weld County On -site Wastewater Treatment System Regulations
The OWTS are required to be designed by a Colorado Registered Professional Engineer
according to the Weld County On -site Wastewater Treatment System Regulations
(Department of Public Health and Environment)
6 The Use by Special Review is not perfected until the Conditions of Approval are completed and
the map is recorded Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is read y to be recorded in the office
of the Weld County Clerk and 'Recorder or the applicant has been approved for an early release
agreement (Department of Planning Services)
' Motion seconded by Barney Hammond
VOTE
For Passage
Butch White
Michael Wades
Michael Palizzi
Virginia Gudegahn
Barney Hammond
Against Passage - Absent
Pamela Edens
Michael Biwer
- Cindy Beemer
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 Commissioners for further proceedings
Certification of Copy.
I, Kristine Ranslem, 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 4, 2025
Dated the 4. of March, 2025
4 7 y'te
6611 ilatiliku
Knstine Ranslem
Secretary
Resolution USR23-0046
6045 County Road 6 Trust
Page 6
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
6045 County Road 6 Trust
USR23-0046
1 A Use by Special Review Permit, for a Residential Therapeutic Center, outside of
subdivisions and historic townsites in the A (Agricultural) Zone Distnct, subject to the
Development Standards stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10
of the Weld County Code (Department of Planning Services)
3 The hours of operation would be 24 hours a day, and 7 days a week (Department of
Planning Services)
4 There will be up to seven (7) employees (Department of Planning Services)
5 Any future structures or uses on site must obtain the appropriate zoning and budding
permits (Department of Planning Services)
6 The parking area on the site shall be maintained (Department of Planning Services)
7 All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County
Code (Department of Planning Services)
8 Waste matenals shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential
nuisance conditions The facility shall operate in accordance with Chapter 14, Article
1 of the Weld County Code (Department of Public Health and Environment)
9 Fugitive dust should attempt to be confined on the property Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations
(Department of Public Health and Environment)
10 Adequate dunking, handwashing and toilet facilities shall be provided for the facility,
at all times A permanent, adequate water supply shall be provided for dunking and
sanitary purposes (Department of Public Health and Environment)
11 Any On -site Wastewater Treatment System located on the property must comply with
all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems (Department of Public Health and Environment)
12 If an On -site Wastewater Treatment System serves twenty or more people per day,
the facility shall submit an Underground Injection Control (UIC) Class V Injection Well
permit to the Environmental Protection Agency (EPA) (Department of Public Health
and Environment)
13 The facility shall comply with the Colorado Department of Public Health and
Environment, Colorado Department of Human Services, and the Weld County
Department of Human Services, rules and regulations regarding registration and
licensing requirements (Department of Public Health and Environment)
14 The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code (Department of Public Health and
Environment)
Resolution USR23-0046
6045 County Road 6 Trust
Page 7
15 The property owner or operator shall be responsible for controlling noxious weeds on
the site, pursuant to Chapter 15, Article, I and II, of the Weld County Code ,
(Development Review)
16 The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking (Development Review) _
17 Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to
commencement (Development Review)
18 There shall be no parking or staging of vehicles on public roads On -site parking shall
be utilized (Development Review)
19 The historical flow patterns and runoff_ amounts on the site will be maintained
(Development Review)
20 Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties Sources of light should not cause a nuisance or interfere with the use on
the adjacent properties in accordance with the map Neither the direct, nor reflected,
- light from any light source may create a traffic hazard to operators of motor vehicles
on public or pnvate streets No colored lights may be used which may be confused
with, or construed as, traffic control devices (Department of Planning Services)
21 Building permits may be required, for any new construction, set up of manufactured
structures, or change of use of existing buildings per Section 29-3-10 of the Weld
County Code Buildings and structures shall conform to the requirements of the
various cod es adopted at the time of permit application Currently the following has
been adopted by Weld County 2018 International Building Codes, 2018 International
Energy Code, 2023 National Electncal Code, and Chapter 29 of -the Weld County
Code A Building Permit Application must be completed and two (2) complete sets
of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review A ,Geotechnical Engineenng Report,
performed by a Colorado registered engineer, shall be required or an Open Hole
Inspection A"building permit must be issued prior to the start of ,construction
(Department of Budding Inspection)
22 Budding Permits issued on the proposed lots will be required to adhere to the fee
structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage
Impact Fee Programs
23 The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code (Department
of Planning Services)
24 All buildings shall comply with the setback from oil and gas wells per Section 23-
4-700, as amended (Department of Planning Services)
25 Necessary personnel from the Weld County Departments of Planning Services,
Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards
stated herein and all applicable Weld County regulations (Department of Planning
Services)
Resolution USR23-0046
6045 County Road 6 Trust
Page 8
26 The Use by 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
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 _(Department of Planning Services)
27 The property owner or operator shall be responsible for complying -with all 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 (Department of Planning Services)
28 Construction or use pursuant to approval of a Use by Special Review Permit shall
be commenced within three (3) years from the date of Board of County
Commissioners signed Resolution, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated
29 A Use by Special Review shall terminate when the use is discontinued for a penod of
three (3) consecutive years, the use -of the land changes or the time period
established by the Board of County Commissioners through the approval process
expires The landowner may notify the Department of Planning Services of a
termination of the use, or Planning Services staff may observe that the use has
been terminated When either the Department of Planning Services is notified by
the landowner, or when the Department of Planning Services observes that the use
may have been terminated; the Planner shall send certified wntten notice to the
landowner asking that the landowner request to vacate the Use by Special Review
Permit
30 In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by -Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not
be vacated, for good cause shown The landowner shall be notified at least ten (10)
days prior to the hearing If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated
Summary of the Weld County Planning Commission Meeting
Tuesday, March 4, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Butch White, Michael Palizzi, Virginia Guderjahn, Barney Hammond, Cindy Beemer.
Absent: Michael Wailes, Pamela Edens, Michael Biwer.
Also Present: Diana Aungst and Maxwell Nader, Department of Planning Services, Karin McDougal,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 4, 2025 Weld County Planning Commission minutes, Moved by Michael
Palizzi, Seconded by Virginia Guderjahn. Motion passed unanimously.
[Commissioner Wailes entered the meeting at 2:08 p.m.]
Case Number: USR23-0046
Applicant: 6045 County Road 6 Trust
Planner: Maxwell Nader
Request: Use by Special Review Permit for a Residential Therapeutic Center, outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal Description: Part of the S1/2 SW1/4 of Section 19, Township 1 North; Range 67 West of the
6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 6; east of and adjacent to County Road 13
(Colorado Boulevard).
Maxwell Nader, Planning Services, presented Case USR23-0046, reading the recommendation and
comments into the record. Mr. Nader noted that two (2) letters were received from surrounding property
owners outlining concerns of impacts associated with having potentially two facilities, traffic, noise, and
general safety.
Mr. Nader provided a report from Environmental Health including reports on the public water and sanitary
sewer requirements, on -site dust control, and the Waste Handling Plan.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Commissioner Hammond asked if there is a condition of approval to enlarge the septic system. Mr. Nader
replied that it is included in a condition of approval.
Jordan Gutierrez, 6045 CR 6, Brighton, Colorado, stated that he and his wife would like to turn the existing
residence into a senior center for 16 seniors. He added that both he and his wife are registered nurses and
believes it is a great fit for the property and service for the county.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Mary Maxwell, 1726 CR 13, stated that she lives south of this property. Ms. Maxwell stated that she is
opposed to this residential treatment facility for many reasons such as an increase in traffic, noise, dust,
trash and light pollution. She expressed concern that this location is not suitable for the residents due to
its distance from full -service hospitals and other services such as grocery stores, post offices, etc.
Additionally, if the residents are mobile enough to drive themselves, she is concerned with the increase in
traffic and traffic safety. She presumes there would be a number of ambulance calls which would increase
1
traffic and noise Ms Maxwell requests that if approved, the permit stipulate that the property be planted
such that the topsoil is held in place and won't contnbute to the existing dust problem Ms Maxwell said
that there is a great deal of trash from housing senior citizens She added that she picks up trash every
day from her hay field and demonstrated by providing a garbage bag of trash that she picked up yesterday
She added that she -picked up a piece of trash from a stenle urinary catheter If any controlled medical
waste is _generated by this proposed facility, then it should absolutely be required to be disposed of
according to law and ensure that it doesn't blow in their hay field
Ms Maxwell urged the Planning Commission to deny this application She added that she understands
that the standards don't apply dunng construction so all the dust, noise and lights are not applicable dunng
construction
Mr Gutierrez said that the residents of the facility will not dnve and many of them do not receive visitors
He stated that trash will be dealt with as needed Mr Gutierrez said that he will be living here along with
taking care of the residents
The Chair clarified if any of the residents will have vehicles or will be driving Mr Gutierrez said that people
who go into assisted living are at the end of their life and added that most of them live in the facility for about
three years
The Chair asked the applicant if they have read through the Development Standards and_Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion. Forward Case USR23-0046 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Cindy Beemer, Seconded by Barney Hammond
Vote Motion carried by unanimous roll call vote (summary. Yes = 6)'
Yes. Barney Hammond, Butch White, Cindy Beemer, Michael Palm., Michael Wades, Virginia Gudegahn
Meeting adjourned at 3 09 p m
Respectfully submitted,
L
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Kristine Ranslem
Secretary
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