HomeMy WebLinkAbout20150469.tiff EXHIBIT
BEFORE THE WELD COUNTY,
UN Y, COLORADO, PLANNING COMMISSION ,�►
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI _���,����
Moved by Benjamin Hansford, 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 USR14-0076
APPLICANT: JOHN & BRANDILYNN GREIG
PLANNER: DIANA AUNGST
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 DESCRIPTION: LOT 2 SUB EXEMPT SE-842; BEING PART SW4NW4 SECTION 6, T3N, R67W
OF THE 6TH P.M , WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 13: APPROXIMATELY ONE-THIRD OF A
MILE SOUTH OF CR 38.
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 22-2-20. 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 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 on November 19, 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.
09/5 -09
RESOLUTION USR14-0076
JOHN & BRANDILYNN GREIG
PAGE 2
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.
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 Planning Commission 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)
RESOLUTION USR14-0076
JOHN & BRANDILYNN GREIG
PAGE 3
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)
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)
RESOLUTION USR14-0076
JOHN & BRANDILYNN GREIG
PAGE 4
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)
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I. 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 February 3, 2015.
Dated the 3`d of February, 2015.
Digitally signed by Kristine Ranslem
66�jit_, 194
Date: 2015.02.05 08:12:52 -07'00'
Kristine Ranslem
Secretary
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 . 5 am - 8: 30 pm Monday — Friday Sunday, 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)
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)
RESOLUTION USR14-0076
JOHN & BRANDILYNN GREIG
PAGE 6
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 Coda (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.
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.
RESOLUTION USR14-0076
JOHN & BRANDILYNN GREIG
PAGE 7
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 and center
pivot operations, high speed traffic, sandburs, 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.
PC rnf
EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 3, 2015
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, Jason Maxey, at 1 : 30 pm .
Roll Call.
Present: Benjamin Hansford, Bruce Johnson , Bruce Sparrow, Jason Maxey, Jordan Jemiola , Joyce
Smock, Michael Wailes, Nick Berryman, Terry Cross.
Also Present: Diana Aungst and Tom Parko, Department of Planning Services; Jennifer Petrik,
Department of Public Works; Heather Barbare, Department of Health; Brad Yatabe, County Attorney, and
Kris Ranslem , Secretary.
Motion: Approve the January 20, 2015 Weld County Planning Commission minutes, Moved by
Bruce Sparrow, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: ORDINANCE 2015-1
PRESENTED BY: TOM PARKO
REQUEST IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER
23 ZONING, OF THE WELD COUNTY CODE.
Tom Parko, Planning Services, stated that a stakeholder meeting with the oil industry was held on
January 29, 2015. He requested that this case be continued to the March 3, 2015 Planning Commission
hearing to allow for additional meetings with the stakeholder group.
Commissioner Maxey asked if there will be something presented on March 3rd. Commissioner Jemiola
asked it should be continued indefinitely. Mr. Parko said that he feels that he will have direction from the
meetings to present material at the March 3rd hearing .
Motion : Continue Ordinance 2015-1 to the March 3, 2015 Planning Commission hearing , Moved
by Jordan Jemiola, Seconded by Benjamin Hansford. Motion carried unanimously.
CASE NUMBER: USR14-0076
APPLICANT: JOHN & BRANDILYNN GREIG
PLANNER: DIANA AUNGST
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 DESCRIPTION LOT 2 SUB EXEMPT SE-842: BEING PART SW4NW4 SECTION 6, T3N, R67W
OF THE 6TH P. M. , WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 13; APPROXIMATELY ONE-THIRD OF A
MILE SOUTH OF CR 38.
Diana Aungst, Planning Services, presented Case USR14-0076, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Commissioner Maxey inquired about the second access for the new facility. Ms. Aungst stated that
Public Works reviewed the request for a second access and brought it before the Board of County
Commissioners for review because it is located along County Road 13. The Board of County
Commissioners granted approval for the second access.
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