HomeMy WebLinkAbout20100781.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Jason Maxey,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: USR-1724
APPLICANT: Cody& Rana Pickering
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking of one semi truck and two trailers) in the A(Agricultural) Zone
District.
LEGAL DESCRIPTION: Lot 24 of Casagrande Estates Subdivision 15'Addition in Section 17,T2N,R67W of
the 6th P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to Apache Road and North of CR 20.
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.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." Development Standards and Conditions of Approval will ensure that the proposed
use will be compatible with the area. The surrounding property is primarily residential in
nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or
screening of the proposed use from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding uses." Condition 1.F
requires the applicant to screen the outdoor storage from surrounding properties and public
rights of way.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.0 of the Weld County Code allows for A Site Specific
Development Plan and Special Review Permit for A Site Specific Development Plan and
Special Review Permit for a Home Business (parking of one semi truck and two trailers) in
the A(Agricultural) Zone District.
Currently the property is in violation (ZCV09-00227)for the additional one semi truck and two
trailers without an approved and recorded Use by Special Review permit(USR). If the USR
is approved, the violation will be closed. If denied, the case shall be referred to the County
Attorney's office but delay legal action for 30 days in order to give the applicant's time to
remove one of the trailers and submit an application for a Zoning Permit for a Commercial
Vehicle (ZPCV) or remove the Commercial Vehicle and trailers.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding property to the north, south, east and west are zoned Agricultural (A)with
single family homes in close proximity with the closest home approximately 200 feet to the
east. The property is located within the three mile referral area for the City of Firestone and
• the Town of Frederick. The Weld County Department of Planning Services has not received
a referral from the City of Firestone and the Town of Frederick.Therefore, given the minimal
impact of the proposed use of one semi truck and two trailers the use will be compatible with
the surrounding land uses. EXHIBIT
2010-0781
Resolution USR-1724
Cody& Rana Pickering
Page 2
• 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 property is not located within an Intergovernmental Agreement Area but does lie within
the three mile referral area for the City of Firestone and the Town of Frederick. The Weld
County Department of Planning Services has not received a referral from the City of
Firestone and the Town of Frederick. The surrounding area is residential in nature with the
property located within Casagrande Estates Subdivision. Staff believes that the Conditions of
Approval and Development Standards will ensure that the use will be compatible with existing
land uses.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area, Capital Expansion Impact Fee,
and the Stormwater/Drainage Impact Fee area.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8,Section
5-8-40)
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 subject site is classified as"Other"as delineated on the"Important Farmlands of Weld
County"map, dated 1979. This size of the parcel(6.9 acres)and is currently developed as a
residential property therefore it is not conducive to farming.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of 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.
Previously, the property was in violation (ZCV09-00227) for the additional one semi truck and two trailers
without an approved and recorded Use by Special Review permit(USR) however the violation will be
closed upon Board of County Commissioner approval.
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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1724. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
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C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
Resolution USR-1724
Cody& Rana Pickering
Page 3
• D. The applicant shall delineate a water quality feature per the Department of Public
Works referral dated 12/30/09. (Department of Public Works)
E. Apache Road is a local paved subdivision road within Casa Grande Estates
Subdivision which requires 60 feet of right-of-way at full build out. There is presently
60 feet of right-of-way.All setbacks shall be measured from the edge of right-of-way.
The applicant shall verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. This road is maintained by Weld County.
(Department of Public Works)
2. The applicant shall address the requirements(concerns)of Weld County Department of Public Works,
as stated in the referral response dated 12/30/09. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Public Works)
3. The applicant shall enter into a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all transportation (access drive, parking
areas, et cetera)and non-transportation(fencing, screening, drainage et cetera). The agreement and
form of collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work
has been completed and reviewed by the Department of Planning Services and the Department of
Public Work. (Department of Planning Services)
4. Upon completion of 1 and 3 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper
copies 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
Department of Planning Services' Staff. The plat shall be 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 thirty (30) 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)
5. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuerterco.weld.co.us (Department of Planning Services)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Robert Grand.
•
Resolution USR-1724
Cody& Rana Pickering
Page 4
• VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
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 April 6, 2010.
Dated the 6`h of April, 2010.
•
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Cody and Rana Pickering
USR-1724
1. A Site Specific Development Plan and Special Review Permit for A Home Business (parking of one
semi truck and two trailers) in the A (Agricultural) Zone District and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation for hauling are 5:00am to 7:00pm Monday through Friday. (Department of
Planning Services)
4. No employees are allowed on site. (Department of Planning Services)
5. 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)
6. Any vehicle washing areas shall capture all effluent and prevent discharges in accordance with
the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
7. 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)
• 8. 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)
9. 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.
(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. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
12. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
13. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
14. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
• 15. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
Resolution USR-1724
Cody& Rana Pickering
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 constructed as traffic control devices. (Department of
Planning Services)
17. 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)
18. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
19. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13
of the Weld County Code do not require building permits, however, a Certificate of Compliance must
be filed with the Planning Department and an electrical and/or plumbing permit is required for any
electrical service to the building or water for watering or washing of livestock or poultry. (Department
of Building Inspection)
20. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. (Department of Building Inspection)
21. All building plans shall be submitted to Frederick— Firestone Fire Protection District for review and
approval prior to issue of Building Permits. (Department of Building Inspection)
• 22. The historical flow patterns and runoff amounts will be maintained on site in such a manner that'twill
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
23. The 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.
24. 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.
25. 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
Resolution USR-1724
Cody& Rana Pickering
Page 7
• 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, 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.
•
Z- ,0
• The Chair read the next case into record.
CASE NUMBER: USR-1724
APPLICANT: Cody& Rana Pickering
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking of one semi truck and two trailers) in the A(Agricultural) Zone
District.
LEGAL DESCRIPTION: Lot 24 of Casagrande Estates Subdivision 1st Addition in Section 17,T2N,R67W of
the 6th P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to Apache Road and North of CR 20.
Michelle Martin, Planning Services, stated that the applicant has applied for a Site Specific Development Plan
and Special Review Permit for A Home Business (parking of one semi truck and two trailers) in the A
(Agricultural)Zone District
A sign announcing the Planning Commission hearing was posted March 15,2010 by planning staff. The site
is located west of and adjacent to Apache Road and north of County Road 20.
The surrounding properties to the north, south, east and west are zoned (A) Agricultural with single family
homes in close proximity. The closest home is approximately 200 feet to the east of this site. The property is
located within the three mile referral area for the City of Firestone and the Town of Frederick. The Weld
County Department of Planning Services has not received a referral from the City of Firestone and the Town
of Frederick.The surrounding area is residential in nature with the property located within Casagrande Estates
Subdivision. Staff believes that the conditions of approval and development standards will ensure that the use
will be compatible with the existing land uses.
Currently the property is in violation (ZCV09-00227)for the additional one semi truck and two trailers without
•
an approved and recorded Use by Special Review permit(USR).
Twelve referral agencies reviewed this case, seven(7) responded favorably or included conditions that have
been addressed through development standards and conditions of approval.
Lauren Light, Environmental Health,commented that since there are no employees there are no concerns with
water and septic. There is no maintenance to the truck done on site. The applicant has submitted a dust
abatement plan and has been approved by staff.
Don Carroll, Public Works, commented that Apache Road is a local paved road and well maintained. There
are two existing accesses to the property. One residential access goes to the garage and the secondary
access is to the outbuildings where the truck and trailers are parked. No additional accesses will be granted to
the property. No traffic study is required for this case. A water quality feature is required to capture run off
from the buildings, trucks and trailer.
Cody and Rana Pickering, 9131 Apache Rd, commented that they have a list of surrounding neighbors who
have signed it indicating that they are in support of his operation. In addition, the neighbors have indicated
that they feel that the screening of the semi and trailers are unnecessary. The applicants requested that the
screening requirement be removed and expressed that they keep the property very well maintained and
looking nice.
Commissioner Holton asked if screening is required on all sides. Ms. Martin commented that screening is
required from adjacent rights-of-way and surrounding properties. She added that the outbuilding primarily
screens it from the north side of the property; therefore screening would only be required from the west, south
and east sides.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
•
Gary Harper, 9132 Apache Rd, commented that he lives directly east of the applicant's property and added
EXHIBIT
6
I
• that the applicants have been excellent neighbors. Mr. Harper said that fencing the semi and trailers are not
necessary in his opinion.
Robert Grand moved to delete Condition of Approval 1.F, Condition of Approval 3 and Development Standard
17, seconded by Bill Hall. Motion carried.
The Chair asked the applicants if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicants replied that they are in
agreement.
Jason Maxey moved that Case USR-1724 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,absent; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall,yes with comment;AlexanderZauder,yes;
Jason Maxey, yes with comment; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried
unanimously.
Commissioner Hall commented that after reviewing the pictures of the area as well as the comments from the
surrounding neighbors he believes that the removal of the screening requirement is justified in this case.
Commissioner Maxey commented that the applicant's appear to keep their property very well maintained and
wished to commend them for doing so.
Tom Holton recused himself from this case.
• Mark Lawley read the next case into record.
CASE NUMBER: USR-1719
APPLICANT: Mary Ann Plonka
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (RV, boat, and construction equipment
storage) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-3193; located in Part of the SW4 of Section 2,Ti N, R66W of the 6th
P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to State Hwy 52 and approximately 1/2 mile west of CR 35
Chris Gathman, Planning Services, commented that this application is for RV, boat and construction
equipment storage. The applicants are also proposing to have a mobile or modular home for an office as an
accessory unit but it will also serve as a dwelling for employees on the site.
The surrounding properties to the north, south,west and east are predominately agricultural in rural residential
parcels. Development standards and conditions of approval will ensure compatibility with the adjacent
properties and the character of the area. There is one parcel zoned commercial and another parcel zoned
industrial that contains a batch plant facility approximately % miles to the west of this site. The property
immediately to the north across State Highway 52 has been annexed to the City of Ft. Lupton.
A Landscape and Screening Plan along with a Lighting Plan are required to address the visual impacts of this
use and to deal with compatibility with the existing and surrounding land uses in the area.
Eleven referrals were sent out; eight (8) referrals were received and either indicated no conflicts with their
interests or recommended conditions that have been attached as conditions of approval and/or development
standards.
• This site is located within the three mile referral area of the City of Ft. Lupton; however it is outside of the
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