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HomeMy WebLinkAbout20133013.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Joyce Smock, 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: USR13-0046 APPLICANT: ELECTRICAL SYSTEMS PROFESSIONALS INC PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT 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, (ELECTRICAL CONTRACTORS SHOP) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: PART E2SE4 SECTION 31, T7N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 74; APPROXIMATELY ONE HALF MILE WEST OF CR 51. 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 22-2-20.1.5. A.Policy 9.5. states: "Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process." The property has historically been utilized for commercial business ventures, and is located west of the Galeton Fire Station. The existing 2000 square foot structure built in 1952 will be utilized as an electrical service contractor shop and utilized for short term storage/ warehousing of wire and pipe, and an employee gathering location prior to heading to the job site and upon return from the field to complete paperwork. Electrical Systems Professionals, Inc. provides support and service in electrical construction to Noble Energy. The general public will not be accessing the property. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county. 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 of the Weld County Code provides 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, (Electrical Systems Professionals, Inc - Electrical Service Contractor Shop) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts 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 existin surrounding land uses. RESOLUTION USR13-0046 ELECTRICAL SYSTEMS PROFESSIONALS INC PAGE 2 Lands to the west and north are in native grasses, land to the east is single family residential and land to the southwest are large tract residential and to the southeast in Zita First Addition (Galeton). The nearest residence is approximately 90 feet to the southeast across County Road 74 with the second nearest residence approximately 138 feet to the east as measured from the driveway access off of County Road 74. Within two blocks of the property there is a church, the Galeton Fire Station, a grocery store/cafes, an automobile repair shop and the Galeton station. The existing building located on the property is a non -conforming structure as the building does not meet the east property line offset and the front yard setback from the future right-of-way for County Road 74. Non -conforming Structure, NCU13-0008, was established for this building. Staff has received no letters, telephone calls, electronic mail from adjacent or surrounding property owners or interested persons. Development Standards and Conditions of Approval will ensure that this use will be compatible 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 not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. 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 and 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 U.S.D.A. Soils Maps of Prime Farmlands of Weld County dated 1979 designated the soils as "Prime." The contractors shop will be sited on a 0.49 acre urbanized parcel of land adjacent to the Townsite of Galeton. 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. Conditions of Approval and Development Standards 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 documentation from the Galeton Water and Sanitation District that a sewer tap has been purchased and approved. Evidence of acceptance shall be submitted, in writing, to the Weld County Department of Planning Services. (Department of Environmental Health) RESOLUTION USR13-0046 ELECTRICAL SYSTEMS PROFESSIONALS INC PAGE 3 B. The applicant shall provide evidence to the Department of Planning Services that all noncommercial junkyard items, (tires, pipe, pallets) located on the property are screened from all adjacent properties and public rights -of -way, or have been removed from the property. (Department of Planning Services) C. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. (Department of Planning Services) D. The applicant shall submit a Screening Plan if there will be outside storage or parking of vehicles, boats and trailers to the Department of Planning Services, for review and approval. (Department of Planning Services) E. The applicant shall submit a Sign Plan to the Department of Planning Services, for review and approval. (Department of Planning Services) F. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR13-0046 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with 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. Areas used for storage or trash collection shall be screened from adjacent properties and public rights -of -way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. (Department of Planning Services) 5. The plat shall delineate the approved Screening Plan. (Department of Planning Services) 6. County Road 74 is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 74 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 7. Show the approved access(es) on the plat and label with the approved access permit number (will be provided). (Department of Public Works) 8. The existing 2000 SF building constructed in 1952 and located North of and adjacent to County Road 74, approximately 885 feet West of County Road 51 with a situs address of 24767 County Road 74, Galeton, CO 80622 is considered to be a nonconforming structure. Case NCU13-0008 has been established for the building. The 2000 SF commercial building constructed in 1952 is required to maintain compliance with Chapter 23, Article VII of the Weld County Code. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be RESOLUTION USR13-0046 ELECTRICAL SYSTEMS PROFESSIONALS INC PAGE 4 prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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 plat 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 maosco.weld.co.us. (Department of Planning Services) 5. 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 plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Motion seconded by Bruce Sparrow. VOTE: For Passage Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Against Passage Absent Benjamin Hansford Bret Elliott Mark Lawley 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 October 15, 2013. Dated the 15th of October, 2013. 43\i6kiYtiu Digitally signed by Kristine Ranslem Date: 2013.10.17 15:18:37 -06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Electrical Systems Professionals, Inc. USR13-0046 1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0046, 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, (Electrical Contractors Shop) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (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 operation shall comply with all applicable rules and regulations of local, state and federal agencies and the Weld County Code. (Department of Planning Services) 4. The hours of operation are 7:00 am — 5:00 pm Monday — Sunday. (Department of Planning Services) 5. The number of employees is limited to twenty (20) persons. (Department of Planning Services) 6. 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) 7. 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) 8. 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) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall operate in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 12. The facility shall utilize the existing municipal sewage treatment system (Galeton Water and Sanitation District). (Department of Public Health and Environment) 13. The facility shall utilize the existing public water supply (North Weld County Water District). (Department of Public Health and Environment) 14. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) RESOLUTION USR13-0046 ELECTRICAL SYSTEMS PROFESSIONALS INC PAGE 6 16. 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) 17. The screening on the site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 18. 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 Public Works) 19. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) 20. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized. (Department of Public Works) 21. Building permit maybe 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) 22. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 23. 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. 24. 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. 25. 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. 26. 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. RESOLUTION USR13-0046 ELECTRICAL SYSTEMS PROFESSIONALS INC PAGE 7 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 nvnuAao 105/13 Robert Brown, landowner, 7360 CR 54, stated that there are no water rights on the property. The potable water is from Little Thompson Water District. Mr. Wailes asked what the property has been used for previously. Mr. Brown said that they allowed the neighbor to have horses on the property but now that they have sold their horses they wish to put the land into some kind of use. Commissioner Sparrow asked if this facility will comply with Senate Bill 252. Mr. Miller replied yes and said that they are receiving many calls from municipalities and counties. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Severo Meza, 25809 CR 15.5, stated that he lives to the east of the project. He was told that someone from the company would be contacting him about the project but hasn't had any contact with them yet. Mr. Meza said that this project will put a damper on their views. He is not against the project but said it might be better to move it closer to County Road 54. Commissioner Berryman asked Mr. Meza about the proposed screening of the project. Mr. Mesa said that he doesn't know if he would prefer screening or not. Commissioner Sparrow asked Mr. Meza if his property is higher than the project. Mr. Meza replied yes. Mr. Miller said that they were approached by the landowners to consider placement of the community solar farm on their property and added that they worked with the landowners on where they would like to see the facility. Mr. Miller said that the panels face south at a 30 degree angle and they try screen the facility as best they can. He added that he will talk with the Meza's about their concerns. Commissioner Wailes asked if they could plant some trees that would be more visually pleasing. Mr. Miller stated that they have looked at landscaping and although they don't want tree types that will grow 50 feet high they will look at other types of vegetation and trees that might help soften it somewhat. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR13-0045 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berrym an. Commissioner Jemiola encouraged the applicants to work with their neighbors to mitigate their concerns. Commissioner Elliott left the meeting at 3:47 pm. The Chair called a recess at 3:47 pm and reconvened at 3:56 pm. CASE NUMBER: USR13-0046 APPLICANT: ELECTRICAL SYSTEMS PROFESSIONALS INC PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT 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, (ELECTRICAL CONTRACTORS SHOP) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: PART E2SE4 SECTION 31, T7N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 74; APPROXIMATELY ONE HALF MILE WEST OF CR 51. c:90/ 3-30/3 For the record, Commissioner Maxey noted that he visited the site before today's hearing and submitted the field check to staff. Kim Ogle, Planning Services, presented Case USR13-0046, 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. Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Jeff Murray, 430 W ?(inaudible) Street, Trinidad, Colorado, stated that they bought this property for parking and to perform light maintenance on trailers. He added that the public does not come to the site. The equipment is typically at job sites and he doesn't foresee a lot of vehicles or trucks or equipment parked there for a long period of time. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR13-0046 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Joyce Smock, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman. Absent: Bret Elliott. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. Jordan Jemiola requested that a presentation be given on solar facilities or renewable resources. Meeting adjourned at 4:15 pm. Respectfully submitted, Kristine Ranslem Secretary 6 Hello