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Home My WebLink About20150470.tiff 1861 d L LA tON SUMMARY SEET j %ex o-Oury Planner: Diana Aungst Hearing Date: February 3, 2015 Case Number: USR14-0076 Applicant: Brandilynn and John Greig 17548 County Road 13 Platteville, CO 80651 Request: A Site Specific Development Plan and Use by Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (office for a speech therapy center) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)Zone District Legal Lot 2 of Subdivision Exemption SE-842; Part SW4NW4 Section 6, T3N, R67W of the Description: 6th P.M., Weld County, CO Location: East of and adjacent to CR 13 and approximately one-third of a mile south of CR 38 Size of Parcel: +/-4.93 acres Parcel No. 1209-06-2-00-033 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Johnstown/Milliken Fire Protection District, referral dated December 5, 2014 • Weld County Department of Building Inspection, referral dated January 15, 2015 • Weld County Department of Planning Services- Engineer, referral dated December 23, 2014 • Weld County Department of Public Health and Environment, referral dated December 12, 2014 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Town of Johnstown, referral dated November 20, 2014 • Longmont Conservation District, referral dated December 9, 2014 • Weld County Zoning Compliance, referral dated November 24, 2014 • Colorado Division of Parks and Wildlife, referral dated November 28, 2014 ▪ State of Colorado, Division of Water Resources, referral dated December 1, 2014 ▪ Northern Colorado Water Conservancy District, referral dated November 21, 2014 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Town of Mead ➢ Town of Berthoud USR14-0076 Page 1 of 10 ➢ Miantenoma Reservoir ➢ Weld County Sheriff's Office ➢ Little Thompson Water District ➢ Weld County School District RE-5J ➢ St. Vrain & Left Hand Water Conservancy District USR14-0076 Page 2 of 10 SPECIAL REVIEW PERMIT j,` ADMINISTRATIVE REVIEW U` �� NTY Planner: Diana Di Aungst Hearing Date: February 3, 2015 Case Number: USR14-0076 Applicant: Brandilynn and John Greig 17548 County Road 13 Platteville, CO 80651 Request: A Site Specific Development Plan and Use by Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (office for a speech therapy center) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)Zone District Legal Lot 2 of Subdivision Exemption SE-842; Part SW4NW4 Section 6, T3N, R67W of the Description: 6th P.M., Weld County, CO Location: East of and adjacent to CR 13 and approximately one-third of a mile south of CR 38 Size of Parcel: +/-4.93 acres Parcel No. 1209-06-2-00-033 Case Summary: The applicant is proposing to construct a 6,000 square foot speech therapy office. The application materials state that there will be 10 employees and 25 families daily that access the site. The hours of operation are proposed to be 7:00 a.m. - 6:00 p.m. Monday — Friday. There will be 14 parking spaces with 3 of them complying with ADA standards. The signage proposed for the site will meet the requirements of the code. Lighting will be porch lights and building mounted lights for safety. There may also be some pole site lighting. Staff is requesting that the lighting plan and landscaping/screening plan for the parking area be shown on the USR map. The site is not is a special flood hazard area. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff 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 22-2-20.G - A.Goal 7 states, 'County land use regulations should protect the individual property owner's right to request a land use change.' and Section 22-2-20.G.2 - A.Policy 7.2 states, 'Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an uSR14-0076 Page 3 of 10 area that can support such development, and should attempt to be compatible with the region.' The applicant is proposing to construct a 6,000 square foot speech therapy office. The application materials state that there will be 10 employees and 25 families daily that access the site. The hours of operation are proposed to be 7:00 a.m. — 6:00 p.m. Monday — Friday. The applicant received approval of the second access point from the Board of County Commissioners in December of 2014. This USR appears to be compatible with the region. Staff is requesting that the lighting plan and the landscaping/screening plan for the parking area be shown on the USR map. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District Section 23-3-40.S. which allows for a Site Specific Development Plan and Use by Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (office for a speech therapy center) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent properties are mainly utilized for pastures, crops, and rural residences. The closest residence is about 110 feet south of the site existing residence. There is one (1) USR located within one mile of this parcel and it is Amended AmUSR- 935 for a landscaping supply business. The Weld County Department of Planning Services has not received any correspondence from the surrounding property owners related to this USR. The Conditions of Approval and the Development Standards for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. 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 three (3) mile referral area of the Towns of Berthoud, Mead, and Johnstown. The Town of Johnstown in their referral comments, dated November 20, 2014 indicated that they have no concerns. The Towns of Berthoud and Mead did not respond with any comments. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. 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. 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. USR14-0076 Page 4 of 10 The proposed USR is on approximately 4.93 acres of "Other Land" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR will not take any Prime (Irrigated) Farmland out of 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 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning Services for review and approval. All parking areas shall be screened from adjacent properties and public rights of way. (Department of Planning Services) B. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR14-0076. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5) The approved Landscape/Screening Plan. (Department of Planning Services) 6) Lighting Plan that adheres to the Weld County Code. (Department of Planning Services) 7) Signage Plan that adheres to the Weld County Code. (Department of Planning Services) 8) Parking Plan that adheres to Appendices 23-A & 23-B of the Weld County Code. (Department of Planning Services) 9) County Road 13 is designated on the Weld County Road Classification Plan as a paved arterial road, which requires 140 feet of right-of-way at full build out. The applicant shall verify and delineate on the map the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services- Engineer) 10) Show the approved access(es) on the map and label with the approved access permit number (AP14-00468). (Department of Planning Services- Engineer) USR14-0076 Page 5 of 10 11) Show the accepted water quality feature on the map with volume and label as Water Quality Feature, No-Build or Storage Area'. (Department of Planning Services - Engineer) 12) Show and label the drainage flow arrows, turning radii, and parking and circulation on the map. (Department of Planning Services- Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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 Mylar map along with all other documentation required as Conditions of Approval. The Mylar 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 Mylar 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) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: a. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. Contact the Planning Department for application information. (Department of Planning Services - Engineer) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready 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) USR14-0076 Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Inspiring Talkers USR14.0076 1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0076, for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (office for a speech therapy center) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, 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 number of on-site employees shall be commensurate with the number of persons which the septic system may accommodate in accordance with the requirements of the Weld County Code, pertaining to On-site Wastewater Treatment System (O.W.T.S.) Regulations. (Department of Planning Services) 4. The hours of operation are 7:00 a.m. - 6:00 p.m. Monday — Friday, as stated by the applicant. (Department of Planning Services) 5. The parking on the site shall be maintained in accordance with the approved Parking Plan. (Department of Planning Services) 6. The signage on the site shall be maintained in accordance with the approved Signage Plan. (Department of Planning Services) 7. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of Planning Services) 8. The landscaping/screening on the site shall be maintained in accordance with the approved Landscaping/Screening Plan. (Department of Planning Services) 9. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services- Engineer) 10. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) 11. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 12. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Planning Services- Engineer) 13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) uSR14-0076 Page 7 of 10 14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 15. Waste materials 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 the approved Waste Handling Plan, at all times. (Department of Public Health and Environment) 16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public Health and Environment) 17. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 18. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 19. Any additional hydraulic load to an existing septic system will require an evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County Environmental Health Department. In the event the system is found to be inadequate, the system must be brought into compliance with current Weld County On-site Wastewater Treatment Systems Regulations. (Department of Public Health and Environment) 20. 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) 21. 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) 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 23. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 24. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 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. USR14-0076 Page 8 of 10 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. 27. 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. 28. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps USR14-0076 Page 9 of 10 and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR14-0076 Page 10 of 10 RESOLUTION RE: APPROVE APPLICATION FOR ACCESS PERMIT, AP14-00468 - INSPIRING TALKERS, CIO JOHN AND BRANDI-LYNN GREIG, OWNERS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has received an appeal from Inspiring Talkers, c/o John and Brandi-Lynn Greig, Owners, concerning the decision by the Department of Public Works to deny the application for Access Permit, AP14-00468, proposed for an access point off of County Road 13, south of County Road 38, and WHEREAS, pursuant to Weld County Code Sections 2-4-10 and 12-5--100, such appeal to the Board is considered to be "de novo," and WHEREAS, upon consideration of all of the evidence presented, including a review of all information submitted by Inspiring Talkers, do John and Brandi-Lynn Greig, and the Department of Public Works, the Board deems it advisable to grant the application for Access Permit, AP14-00468. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Inspiring Talkers, do John and Brandi-Lynn Greig, for Access Permit, AP1400468, be, and hereby is, issued. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A. D. , 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C • ORADO ATTEST: Wade.44,/ // ♦ �'N: ` . ' ....mac .AYE 1 . . I �.��;�.,� �'''° ►� ouglas ' ademacher, hair Weld County Clerk to the :j. - ""� ♦ XCUSED Barbara Kirkmeyer, Pro-Tem BY.04' Y Deputy CI k to the Board """'� � (AYE) Sean . Conway APPROVED AS TO FORM: {AYE} ,-, Mike Fr Ew Coun A orney (NAY) lam F. Garcia Date of signature: f �� 2014-3618 C c ?Wii + EG0070 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 0 Street, Main Assembly Room , Greeley, Colorado 80631 , at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing . The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631 . E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick©co.weld.co. us. DATE: November 19, 2014 TIME: 9:00 a.m. APPLICANT: Inspiring Talkers do John and Brandi-Lynn Greig, Owners 17548 CR 13 Platteville, CO 80651 REQUEST: Consider Appeal of Decision of Department of Public Works Denying Access Permit Application, AP14-00468 LOCATION : Requested Access Point off of County Road 13, south of County Road 38 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 13, 2014 2014-3618 Esther Gesick From: BrandiLynn Greig [brandilynngreig@inspiringtalkers.com] Sent: Tuesday, November 18, 2014 10:50 AM To: Esther Gesick Subject: Return Receipt (read): Notice of Hearing - Appeal re: AP14-00468 Attachments: MDNPart2.txt This is a Return Receipt for your message To : " brandilynngreigOinspiringtalkers . com" < brandilynngreig( inspiringtalkers . com> Subject : Notice of Hearing - Appeal re : AP14- 00468 Sent : 2014- 11 - 18 08 : 50 Note : This receipt only acknowledges that the message was displayed on the recipient ' s computer . There is no guarantee that the recipient has read or understood the message contents . 1 i'S,;..LY.•',7r'''.. rIN�ti dl(��„�I�rS f'�"'1 i"• .:.�. . , HOME JJ+ L:' W, }, �'.1 ' zCHAPTER 2:. Admin s ration w 44 *' i t µ M RD 6 : 4 oii4• ��•'4tia,!�i��y�i� 1•j Utc':, U ,�h 'U i l ..sv 2<4:4 , YX" ✓i'^" . , TABLE OF CONTENTS1t.c: , ;:;:'!!E; 4!� SWrIMI!��rg";r La ;,4c„;P;'�j„ ,.lioiann!digi!; i,,.p!. : RT E i C Winter Sto ` E' r o:..:. T G�f. . +..:ii;...• ,:A v County Aii ort o. ARTICLE I Board Procedures le �i,� r� RTICLE'X :Greele •Weld ' r ,:! :�::.:",:,,��a!:h.,,I;.I. ,!;• RTICLE X Islan rov Park Adviso :B ARTICLE II Genera zPQh�i@s ' °, ��.�� °�� -�'c,•�; ,';:•;u,,: .:' ,� , !.. :. � �., � � �. ARTICLE III Planning rid Zonin 1 ' r ASRTICLE XI! 'MIscellanegyi P9119les v o ARTICLE IV Hearings �� '; ARTICLE XIII Weld County Adiit its System gr;';�t, i 9h I .L., r. , r �•yGl,, ARTICLE V Road and Bridge POlicies�.° , 1. :.:., •:�' I" '•• • ARTIC��.E'�CIV Service• Plans"fob � ARTICLE VI County Motor Vehicles ,y ARTICLE Continuity of Gaverptg ,,ra ,�'�v ARTICLE VII Equipment Manakement TM ' 0:14!::•!" : ARTICLE XVI ,Emergency Manaaernen t: >*m nik ?;N ARTICLE VIII Disposition of Recovered Property ' . ' APP :We/44W y „�, ARTICLE IV Hearings Sec. 2-4-10. Appeals process. The Board of County Commissioners shall act as a board of appeals to hear complaints on actions taken by County boards, commissions and departments. Except for decisions made by the Board of Adjustment and Uniform Building Code Board of Appeals, procedure for appeals shall be as set forth in this Chapter, by resolution of the Board, or as otherwise provided by law. A. Any person appealing an action by a County board, commission or department to the Board of County Commissioners shall file such a complaint, in writing, with the Clerk to the Board within sixty (60) days of the incident in question. B. Such complaint shall include: 1 . The name of the employee, board, commission or department against which the complaint is made. 2. A description of the basic facts involved in the complaint. C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners, to be held within fifteen (15) days of the filing of the complaint, and shall notify all parties involved in the incident. D. The Board of County Commissioners shall hear all the available facts pertinent to the incident, may schedule a second hearing within thirty (30) days following the initial hearing if the Board determines such a need, and shall render a determination within thirty (30) days of the final hearing. E. No person shall be denied the right to appeal, provided that he or she complies with the administrative procedures established by the Board. (Weld County Codification Ordinance 2000-1 ) Sec. 2-4-20. Refusal to renew a liquor license. Chapter 12, Article II, specifies the guidelines for the refusal to renew a liquor license in the County. (Weld County Code Ordinance 2004-3) X86,, , MEMORANDUM.1 . 1...n -r: f t{ i TO: Jay McDonald, Public Works DATE : November 6, 2014 . 1, r G p U 1N Tt. FROM : Janet Lundquist, Public Works SUBJECT: AP14-00468 Denial Appeal Weld County Public Works has received an access permit application AP14-00468 that was denied. The applicant is requesting an additional access point off of CR 13 south of CR 38. The denial for the access request is due to three reasons: 1 . The access would be a net increase of accesses. The parcel has an existing access point off of CR 13 for residential use. Sec. 12-2-30. Regulation of access onto County roadways. A One access per lot. Direct access from a public road shall be limited to not more than one (1 ) per legal lot, except as may be expanded or further limited or restricted by the Board of County Commissioners or staff, as a result of zoning requirements, consideration in land use applications, safety considerations, subdivision regulations. or inability to meet minimum requirements as defined in the Weld County Design Criteria. E. Additional access. If a new access is requested to a legal parcel where an existing access already exists, the additional access shall not be approved unless the denial of the new access creates undue hardship on the property owner, as determined by the Department of Public Works- Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested , one (1 ) or more existing accesses must be removed, minimizing new accesses and utilizing existing accesses. 2 . The access point does not meet the spacing requirement for an arterial roadway. The engineering criteria document identifies that there needs to be a spacing of 660 feet between access points on arterial roadways. 6.3 Access Control Plan Weld County recognizes that property owners have a right of reasonable access to the county road system. However, within an environment where population growth will increase traffic volumes and operational pressure on the general transportation system, be it rural or urban ; access control is crucial to protect the public health , safety and welfare . Access Control is used to maintain smooth traffic flow, to provide road right of way drainage, and to protect the functional level of the public County roads while meeting state, regional, local and private transportation needs and interests. Access Spacing Criteria for local roads, collector roads, and arterial roads are shown in Table 6-2 . Page 1 of 2 0:\JANET'Access Handouts & !etters\Access Permit Denial 110614 docx Table 6-2 Access Spacing Criteria Access Element Arterial Collector ; Local Minimum Distance between Intersections Signalized 2640 ft NA NA Unsignalized 1320 ft 1320 ft 330 ft Minimum Distance between Low Volume Accesses 660 ft 660 ft 150 ft Minimum Distance between Low Volume Access & Intersection 660 ft ' 660 ft 330 ft Minimum Distance between Driveways _ 660 ft 330 ft 75 ft Minimum Distance between Low Volume Access & Driveway 660 ft 330 ft 150 ft Minimum Corner Clearance between Driveways & Intersections 660 ft , 330 ft l 330 ft Notes: 1 . Distances are measured as separation between access point centerlines. 2 . If proposed access points to a property can meet multiple spacing , the County may require the larger spacing be used . 3. Low Volume Access is defined as access with daily traffic volumes between 21 and 99 vehicles. 4 . Low volume accesses may be restricted (now or in the future) to right-in , right-out movement only. 5 . A field access or driveway is defined as 20 trips per day or less. 3. The requested access point is in an area with a slight sight distanceproblem. The proposed access point 9 9 P P P t has approximately 450-600 feet of sight distance. The required sight distance for a 55mph speed zone is 550 feet. This means that there might not be adequate spacing for the new access point. For the reasons listed above that applicants request for a new access point was denied. The applicant submitted a letter requesting an appeal to the denial . The appeal letter is attached to this document. Page 2 of 2 O:\JANET\Access Handouts & LetterslAccess Permit Denial 110614.docx era Inspiring Talkers 4b Py 4 11169 East I25 Frontage Rd. #B �� Firestone. CO 80504 Ong 4,;;6 720-378-6670 October 28, 2014 Dear Janet Lundquist, We are writing this letter in response to the denial we received for our access permit associated with USR for 17548 WCR 13, Platteville CO, 80651 . We were provided with 3 reasons for denial, which will be discussed in detail below. 1 . Denied due to to inadequate spacing between driveways. The county desires distance of 660 feet between any access points off WCR 13. • The distance between our current driveway and the desired access point is 360 ft. This has been an approved access point for Miantenoma Reservoir. • Many access points of surrounding areas do not meet the 660 ft differential • distance between our driveway and the neighbor across the street is 180 ft • distance between our driveway and the neighbor to the south is 290 ft • The property at 17830 WCR has 2 access points that are 215 ft apart. Additional access points for neighbors to that property include: O Access 100 feet north, O Access 250 feet south • Access 350 feet south . Given that the access we are requesting to use was already on the property when we purchased it, that it had been granted as an access for Miantenoma Reservoir with the known distance of 360 from our driveway & that most other access points in our area do not meet the reported 660 foot desired separation. we would like our request to be reconsidered. 2. Denied due to safety concerns with site distance from the access point looking south. The current site distance from our driveway looking southward on WCR 13 is 600 feet, as exhibited in the following photo. ,dam; • .i _ 1 From the proposed access point, the site distance is 660 feet, as exhibited in the following photo. • At. 04 The site view from the access point requested allows for increased vision of on-coming traffic as compared with our currently used residence driveway at this location. Upon reviewing other access points for residential, oil, and farms within 5 miles of our location, it was determined that the many site distances in this section of WCR 13 vary between 450' and 600'. Please refer to three examples of site distances that are lower than that of our requested access. Address: 16165 WCR 13, Site Distance 600' 'k Address: 15501 WCR 13, Site Distance 650 feet 1111 . L Address: Pipeline Access (south of WCR 13 & WCR 34), Site Distance 480 feet # - - i Os As residents of this location, we are very aware of the amount of traffic and the speeds at which some vehicles are traveling. We have been working closely with the Sheriff's office to increase patrols in the area. As a result, we have already begun to see an increase in their presence. We believe that this presence will ensure that vehicles are traveling at the posted 55 MPH limit, instead of attempting to use higher speeds. Additionally, we will provide each family who attends our facility with a written letter informing them of the potential speeds and line of site concerns. This will be part of every families intake packets to ensure that they are informed and aware to increase their caution and attention when entering and existing through this access point. 3. Denied due to additional value brought to property when a second access point is added. When we purchased this property in May 2014, the property maps we were provided & forms within the title documents all showed 2 access points. The primary access point is the driveway into the residence. The second point is located 360 feet to the north, allowing access to the Miantenoma Reservoir. The value of the property was completed with that information and a purchase was completed with that knowledge. We are now requesting to use this access point in our USR application, as a driveway for our business not just access to the lake. No additional value will be brought to the property because that was already considered in the value and original purchase price. Due to the shape and slope of the property, we do not feel that moving the access to the most northern part of our property would be the best solution. The slope at the most northern part is very steep and would require significant grading which may affect the lake shore at that point. Additionally, we feel that it would be safest if the driveway could go straight east for a distance and this would not be possible due to the shape and angles of the property at that location. We are requesting that the access point be reconsidered with the information provided in this letter as evidence of our consideration for the reasons it was initially denied. Sincerely, John & Brandi-Lynn Greig Inspiring Talkers Owners I7548 WCR l3 Platteville, CO 8065 I 720-252-6849 Esther Gesick From: Bruce Barker Sent: Thursday, November 06, 2014 4:06 PM To: Esther Gesick Cc: Janet Lundquist; Jay McDonald Subject: RE: BOCC Agenda Item Yes. See 12-5-100: Sec. 12-5-100. Appeal of denial of Access Permit. If an application for an Access Permit is denied by the Department of Public Works, or the applicant objects to any of the terms or conditions of a permit thereby placed by the Department of Public Works, the applicant has the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 .,„4„, I j r; • 1 r►' Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Thursday, November 06, 2014 2:59 PM To: Bruce Barker Cc: Janet Lundquist; Jay McDonald Subject: FW: BOCC Agenda Item Bruce, Does this fit into the traditional Chapter 2 Appeal process? Esther E. Gesick _ 1 f Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Janet Lundquist Sent: Thursday, November 06, 2014 4: 00 AM To: CTB; Francie Collins Cc: Jay McDonald Subject: BOCC Agenda Item Hi Ladies, Can you please schedule a hearing item for an appeal to an access permit denial on Wednesday, November 19th at the 9am hearing? The applicant appealing the denial will want to attend the hearing and needs some advance notice. Thank you for your help. Janet Lundquist Traffic Engineer Weld County Public Works Dept. P.Q. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970304.6497 Ay asiatsfre '1 . f � r • ,� r - . Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 19, 2014 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration Building , Greeley, Colorado, November 19, 2014, at the hour of 9: 00 a. m. F ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tern - EXCUSED Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner William F. Garcia Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Susan Brown Controller, Barbara Connolly �-�-` MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners meeting of November 17, 2014, as printed. Commissioner Conway seconded the motion, and it carried unanimously. F AMENDMENTS TO AGENDA: There were no amendments to the agenda. ID CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Garcia seconded the motion , and it carried unanimously. F PUBLIC INPUT: No public input was given. El COMMISSIONER COORDINATOR REPORTS: Commissioner Freeman attended a Community Meeting in Galeton last night to discuss the CR 74 and State Highway 392 Intersection — where he thinks the best option for traffic flow was chosen. F Commissioner Conway said he attended a productive meeting of the subcommittee to examine Public Safety Communications Fees with Fire Chiefs and Police Chiefs and the Sheriff's Office, and he said another larger meeting will take place on December 11 , 2014 to further discuss solutions and concurrence. Commissioner Freeman noted that, since the other parties started out paying nothing , it took them awhile to realize what this is really costing, but when they see what municipalities and jurisdictions are paying in other Colorado counties, it makes more sense to them that everyone pay a share and have some buy-in to these operations, in addition, for their budget purposes these fees won't take effect until 2016 . Chair Rademacher noted that the County is only looking at recouping approximately 15 to 20 percent and even that will not be all Minutes, November 19, 2014 2014-3627 23 J2 Page 1 BC0016 at once but stepped increases. Commissioner Freeman noted the City of Greeley must be advised a year in advance of changes to the fee schedule. IR Chair Rademacher attended the South Platte Basin Roundtable meeting where a lack of funding for groundwater issues was discussed with Colorado legislators. He also attended the Quarterly Windsor/Severance breakfast meeting. El Commissioner Conway noted the Colorado Oil and Gas Conservation Commission (COGCC) is meeting tomorrow at the Embassy Suites, and there will a public comment period of up to three minutes per person. He also announced that Commissioner Kirkmeyer will be participating on a local government panel tomorrow with officials from other counties, from 12: 30 - 1 :30 p.m. ; it will be at The Ranch, off of 1-25 and Crossroads, in Loveland, Colorado. BIDS: F 1 ) APPROVE BID #81400100, PRETRIAL SERVICES CASE MANAGEMENT SYSTEM - DEPARTMENT OF INFORMATION TECHNOLOGY (JUSTICE SERVICES): Ryan Rose, Department of Information Technology, stated that seven (7) responses were received. Best and final were reviewed and they had a wide range; after a work session Tribridge scored the highest, although not the lowest bid, and had the best reference checks, and staff recommends the Board award this bid to Tribridge for a five (5) year cost of $178, 929.00. Doug Erler, Department of Justice Services, was also available for questions. Commissioner Conway said, for the record, that the three lowest bids did not meet specifications. Commissioner Conway moved to approve said bid as recommended by staff. The motion was seconded by Commissioner Garcia, and it carried unanimously. E 2) PRESENT BID #B1400176, IS-2014-83 NEXT GEN FIREWALL - DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose stated staff received 13 responses of which six (6) met specifications, and staff will bring a recommendation to the Board on December 3, 2014. (Clerk 's Note: Due to meeting cancellation, this was subsequently considered for approval on December 10, 2014.) El 3) PRESENT BID #81400202, WCR 49 DESIGN-BUILD SERVICES, LETTER OF INTEREST - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, stated that letters of interest were received from 18 vendors and the Best Value Process will be used to make a decision. Elizabeth Relford, Department of Public Works, said there would be a Request for Qualifications (RFQ), short listed down to three (3), and then a Request for Proposals (RFP) will be issued after that. She said there is an open house tomorrow to meet with those teams and find out how they are partnered. In response to Commissioner Conway, she confirmed all vendors are in-state and the date of approval is yet to be determined. El 4) PRESENT BID #81400212, WELD COUNTY LEGAL NEWSPAPER SERVICES — CLERK TO THE BOARD: Mr. Jiricek said two bids were received and this will be brought back before the Board with a recommendation from staff on December 8, 2014. He confirmed every paper in the county was contacted, and neither of these vendors are countywide. Minutes, November 19, 2014 2014-3627 Page 2 BC0016 NEW BUSINESS : El 1 ) CONSIDER GRANT AGREEMENT FOR DOMESTIC VIOLENCE FAST TRACK PROGRAM AND FELONY DOMESTIC VIOLENCE SERVICES PROJECT AND AUTHORIZE CHAIR TO SIGN: JoAnn Holden , Director of Victim's Services and the District Attorney's Office, noted this is less funding than was requested but the same amount as 2014, it includes an $18,605.00 match from the County, and she requested approval. She said funding remained stable because the administered federal funding, which comes from white collar crime penalties, was less available this year, and she confirmed the state takes a 10 percent administration fee. Commissioner Conway asked if it would make sense to have those grants come to the local level. Ms. Holden said what the state does is divide up regions and looks at requests in each area and she thinks they do a really good job of fair distribution. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. e 2) CONSIDER CHANGE ORDER #1 FOR WELD COUNTY 918 REMODEL AND AUTHORIZE CHAIR TO SIGN - JBLANCO ENTERPRISES: Toby Taylor, Director of the Department of Building and Grounds, explained four items were discovered that were not visible prior to demolition: the sewer-line system needed to be revamped, buried electrical lines needed to be addressed, the hard-wood ceiling was actually particle board and not gypsum , so that did not meet fire code, and, lastly, the structure that supported the new roof-top unit needed to be enhanced . Mr. Taylor said the County did a limited remodel when the building was acquired 15 years ago, so a lot of this was due to code changes since that time. Complete gutting of this building is necessary in order to have private offices for the Department of Probation. Commissioner Freeman moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. IE 3) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT CONTRACT AMENDMENT #1 FOR CR 49 AND CR 22 INTERSECTION IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN: Ms. Relford explained the state is requesting a "True-Up" — to match up expenditures, and that there will be a great many of these upcoming because project budgets are best estimates of staff and any change, such as concrete to asphalt, and cost changes. Commissioner Conway asked Ms. Relford about the benefits of the true-up. Ms. Relford deferred to Barbara Connolly, Controller, who replied DOLA is working diligently to get this out of these contracts because they are lot of work and the applicants are not even asking for additional funding. She expressed her opinion that this is unnecessary work for local government, as well as the DOLA staff, and is not in line with what is happening in other branches of state government. Commissioner Conway moved to approve said amendment and authorize the Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously. IE 4) CONSIDER LIQUEFIED NATURAL GAS FUEL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - STABILIS ENERGY SERVICES, LLC: Jay MacDonald, Director of the Department of Public Works, explained Stabiles has purchased the liquid natural gas (LNG) division from Encana Oil and Gas, LLC ; this agreement will just keep the status quo for the County's purchases of LNG. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. El 5) CONSIDER DENIAL OF APPLICATION FOR ACCESS PERMIT, AP14-00468 -- INSPIRING TALKERS, CIO JOHN AND BRANDI-LYNN GREIG : Janet Lundquist, Department of Public Works, explained the denial and appeal process. She related CR 13 is a major arterial roadwaywith high speeds, the applicants are located on a hill and have a residential access point. They are in the USR process for an at-home business and are requesting a new commercial access point for a new building. Ms . Lundquist explained that 660 feet from all other access points is the permitted spacing adopted in Minutes, November 19, 2014 2014-3627 Page 3 BC0016 2009, and there is also a sight distance problem due to the hill and real speeds are higher than the posted 55 mph, around 69 mph . Mr. Barker outlined the appeal process, which is only on the issue of the access. He said this does not overturn staff's decision; it is an independent decision on the access by the Board. Ms. Lundquist noted most USRs have more flexibility for placement, but in this case, the existing access point could be utilized for the residence and the business, as it's a small site. VI John and Brandi-Lynn Greig, applicants, introduced themselves. Ms. Greig said their business, Inspiring Talkers, is in the USR process for an additional building on their property; they serve children with profound and severe disabilities. She said they were told when they purchased the property this access point was in existence for access to the reservoir near their home, so they were under the impression they were only asking for an additional use for an existing access. She said she counted 11 properties nearby that have 2 access' and 2 properties with three, and these all have small frontages like their own. Ms. Lundquist said she is not aware of the details of the USR, but the County no longer considers this an existing access because it has not been utilized. Ms. Grieg confirmed the property is on the south side of the lake, the access is listed on the plat and on some of the title work, and they bought this in May of this year. Ms. Lundquist said there is no evidence of an existing physical access point. Ms. Grieg said the farmer is cutting through a neighbor's property instead of using the designated access to the water. Ms. Lundquist said that this type of situation prompted revisions to the access code in 2009, in order to clarify that access points listed on plats had to exist in reality; just because something shows up on the plat as a access doesn't guarantee County recognition , fewer access are better for public safety with less potential for problems and conflict points. Ms. Lundquist does not believe the farmer would be landlocked if the commercial access is not granted, but she does not know if he has an easement, though he does have frontage along CR 13. C=I Ms. Grieg added that 25 vehicles a day would enter this access, and there is 600 feet of sight distance from the residential access, and 660 feet of sight distance from the new one, so it would actually be safer. Commissioner Conway questioned the most northern tip of the property accesspoint recommendation, P P Y and Ms. Greig explained that it is very steep, approximately a 90' drop, and would require a turn and grading and might affect the lake, and she presented the board with four photos of the property, entered into the record as Exhibit "A" to these minutes. She said they have been working with the Sheriff's Office to reduce speeds on this road, and also cited that these same families will come every week, and will be aware of the traffic. El Ms. Lundquist said that if the farmer was going to use the neighbor's property as an access there would need to be an a reernent; Mr. Barker concurred an easement wouldprotect the farmer in case the property is sold . P1 Commissioner p p y ommi stoner Freeman moved to grant said access permit and authorize the Chair to sign. The motion was seconded by Commissioner Conway. El Commissioner Garcia stated he can't support this motion because it will add more traffic to an already overcrowded road. Commissioner Conway stated there is still an opportunity to address those concerns in the USR process. Commissioner Garcia concurred this is an historical access, but it could continue to be utilized by the farmer for field access with no formal action . Upon a roll call vote the motion carried three to one, with Commissioner Garcia opposed. e 6) CONSIDER ASSIGNMENT OF RESTRICTIVE COVENANT AND AUTHORIZE CHAIR TO SIGN — TOWN OF HUDSON : Mr. Barker gave a history of this large property, location , and the former USR, the land in question was offered up as a buffer between the Calpine power plant and neighboring residential properties objecting to that USR, and in August of 2009, 60-80 acres of land were placed under a restrictive covenant assigned to the County (to be used only for agriculture). The Calpine plant is no longer in operation and the new property owner, Lloyd Land, has applied for annexation to the Town of Hudson , which will include residential, commercial and industrial development. Since the Board did not feel it appropriate to assign that to the new owner, Weld County's beneficiary rights could instead be assigned to the Town of Hudson, which has approved accepting the assignment of that Minutes, November 19, 2014 2014-3627 Page 4 BC0016 property. Chair Rademacher reported a number of phone calls from constituents on this issue, who understood the restriction as being in perpetuity. Mr. Barker stated this was offered by Calpine as a provision to mitigate a specific use. Commissioner Conway expressed his opinion this transfer is appropriate. Commissioner Freeman said their intent is likely to get rid of the covenant; however, it seems proper to transfer this to them and have confidence they will make an informed decision. Mr Barker said he knows of no other similar instance in the County; he thinks it is appropriate to transfer it, and it would not be appropriate to place any restrictions on that transfer. He said that is why assignability was written into the original contract. Chair Rademacher noted he is trying to support the residential landowners that don't want this land developed ; they want it to remain agricultural. Mr. Barker said that the original intent was to have a buffer zone between the working plant and the residences, and that issue is now mute. Commissioner Conway suggested, in light of Commissioner Kirkmeyer's absence and since this is her district, a continuance might be in order. Commissioner Freeman said he is ready to make a motion . Commissioner Conway concurred with his support based on the advice of counsel that it was always anticipated that this covenant would be transferred upon annexation . The residents of the Town of Hudson can address any future issues or concerns with their Town Board. e Chair Rademacher opened the floor for public comment and none was forthcoming. Commissioner Freeman moved to approve said assignment and authorize the Chair to sign . The motion was seconded by Commissioner Garcia. Upon a roll call vote, the motion carried three to one, with Commissioner Rademacher opposed. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 10:20 a. m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTESSeadami Sic E a �, ougl s Rademach r, Chair Weld County Clerk to the :j'- rd 1861 XCUSED i ►�-` = t t `t �; •; Barbara Kirkmeyer, Pro-Tern Deputy Cle ' to the Boa fIJ < i► .47K191. Sean P. Conway T) r C Mike Fr William F. Garcia Minutes, November 19, 2014 2014-3627 Page 5 BC0016 r 4 i .. is ; • 1 • • ,s 1,1 ,s,j `' I • ,-f • rift',,i ilfA , m 1\17.... N ,'` 3/4 _ o 1 ic t W � .. Bk / I — r i 0tr. , / ,r , oise , . ( I. AI 1 • t .� ! • lilt ill . . ` ` I. i' E • , • . $,,t. nt it ! f : r :It,... 11 li, ... ..; . If . 4.. . .,t., Is wk. litir 6 . + V....._ . _ + I :4 : 1.. 4 r .. • ` Ir . 1 y .� {err. : '4 ; it ii7 �S N ~�. Ir CI �} NI � �j �• '.t .'t♦ i1 C f • I IF } r • , , ; • C. 4 : , -.. .�, y ill ii lir . • .iti,:IA . t ti • 41h.V,- I. v. : a 1 '' r t' r4. 1f �'• � r I 1. �! • -fit r .' L�+ .y i ...27, • , a fi 4 . . 1 it �Is 174 ti AI • , 3J9iLiY �a• V r . • • . , 4:.: t i t'it. . it ) ' , , Ilii.: + + • 4 j + r " ; .r, �� • :. i 1 F1t1111","1-4. T 1 c • 'r . - i .• . , t a Itiell"I-- * . A -74 e. ..:: . iiiI .'<ill !II' ._ AI 1:1"i . . i 4'41 . • ••• 4 A a • ti _ y la • i ' -,, 4444 •21/4 186t ' DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 MABSdau www.co.weld.co.us © � � E-MAIL: daungst@co.weld.co.us �.� PHONE: (970) 353-6100, Ext. 3524 C FAX: (970)304-6498 r January 14, 2015 GREIG BRANDILYNN 17548 COUNTY RD 13 PLATTEVILLE, CO 806519609 Subject: USR14-0076 - A Site Specific Development Plan and Use by Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (office for a therapy center) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District On parcel(s) of land described as: PT SW4NW4 SECTION 6, T3N, R67W LOT 2 SUB EXEMPT SE-842 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 3, 2015, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 18, 2015 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, D- Q1„&. Reasollyn: signed by Kauthor oef Ra dl m cu (/�VJ�s�-, Reason:I am the author of this document Date:2015.01.14 15:12:51 -0700' Diana Aungst Planner H N DEPARTMENT OF PLANNING SERVICES 1`y 1555 N 17th AVE GREELEY, CO 80631 r WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE�j. (970) 353-6100, Ext. 3524 y C V T FAX: (970) 304-6498 November 20, 2014 GREIG BRANDILYNN 17548 COUNTY RD 13 PLATTEVILLE, CO 806519609 Subject: USR14-0076 - A Site Specific Development Plan and Use by Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (office for a therapy center) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District On parcel(s) of land described as: PT SW4NW4 SECTION 6, T3N, R67W LOT 2 SUB EXEMPT SE-842 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Berthoud at Phone Number 970-532-2643 Johnstown at Phone Number 970-587-4664 Mead at Phone Number 970-535-4477 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, ��yyy � ..��iii... Digitally signed by Kristine Ranslem �1.(,(/4LA� Reason:I am the author of this document !l Date:2014.11.20 15:41:24-07'00' Diana Aungst Planner FIELD CHECK Inspection Date: 1/23/15 Case Number: USR14-0076 Applicant: Brandilynn and John Greig 17548 County Road 13 Platteville, CO 80651 Request: A Site Specific Development Plan and Use by Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (office for a speech therapy center) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Legal Lot 2 of Subdivision Exemption SE-842; Part SW4NW4 Section 6, T3N, Description: R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to CR 13 and approximately one-third of a mile south of CR 38 Size of Parcel: +/- 4.93 acres Parcel No. 1209-06-2-00-033 Zoning Land Use N A (Agricultural) N Agriculture E A (Agricultural) E Agriculture/rural residential S A (Agricultural) S Agricultural W A (Agricultural) W Agriculture/rural residential COMMENTS: This is a rural residential lot with an existing residence. There is an existing access point off of County Road 13. VkAk ota Diana Aungst, Planner Hello