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HomeMy WebLinkAbout20101146 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS • Moved by Robert Grand,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-1734 APPLICANT: Jimmie&Tamara James PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (feed distribution business) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot A RE-2158; Part E2SE4 of Section 29, T2N, R63W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 16 and west of and adjacent to CR 65. 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. 22-2-20.A.Goal 7 County land use regulations should protect the individual property owner's right to request a land use change. 22-2-20 A.Policy 7.1. County land use regulations should support commercial and industrial • uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas,when the impact to surrounding properties is minimal,or can be mitigated, and where adequate services are currently available or reasonably obtainable. The proposed use is directly related to the agricultural industry and supports the greater agricultural community. The business is located 150 feet from County Road 16 and 100 feet from County Road 65 on a Recorded Exemption parcel. Adjacent parcels to the North, East and West are also Recorded Exemption parcels with residences and outbuildings. The residence closest to the existing structure is South of County Road 16 and is the original farm house on a 116 acre tract. The applicant indicates that there is no outdoor storage as the feed is stored on pallets within an existing structure. Given that all activities are conducted indoors post delivery of product, the impacts on the surrounding area have been minimized. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A) Zone Districts. Section 23-3-40.0 of the Weld County Code allows for A Site Specific Development Plan and Special Review Permit for a Home Business (Feed Distribution Business) in the A(Agricultural)Zone District. Currently the property is in violation (ZCV09- 00299)for the presence of a feed and seed business without an approved and recorded Use by Special Review permit (USR). If the USR is approved, the violation will be closed. If denied, the violation case shall be forwarded to the County Attorney's office but delay legal action for 30 days in order to give the applicant time to ensure that the custom seeding operation has been removed from the property. 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) and • are primarily utilized for single family homes and agricultural uses. Therefore, given the minimal impact of the proposed use, (feed distribution business), the use will be compatible with the surrounding agricultural land uses. The applicant provided a letter of support signed by six surrounding property owners indicating no opposition to the proposed use. H IBIT 2010-1146 UT.-n'34 Resolution USR-1734 Jimmie&Tamara James 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 lies within the three mile referral area of the Town of Keenesburg. The Town of Keenesburg in their referral dated January 14, 2010 stated that they have reviewed the request and find no conflicts with their interest. The surrounding area is agricultural in nature with several residences in the area. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing surrounding 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 and the Capital Expansion Impact Fee but not in 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 and the Stormwater/Drainage 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 primarily classified as"Prime Irrigated Farmlands of National Importance" as delineated on the Important Farmlands of Weld County map, dated 1979. This size of the USR boundary (4.37 acres) is currently developed and therefore, is not conducive to agricultural uses. 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. 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-1734. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. County Road 65 is classified by the County as a local gravel road, which requires a 60 foot right-of-way at full build out.The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it • shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it. (Department of Public Works) Resolution USR-1734 Jimmie&Tamara James Page 3 • D. County Road 16 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.An additional 10 feet shall be delineated on the plat as future County Road 16 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. If the right-of-way cannot be verified, it shall be dedicated. (Department of Public Works) E. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) F. 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 public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 2. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated January 20, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Building Inspection) 3. The applicant shall either submit a copy of an agreement with the property's mineral owner/ operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be • amended to include any possible future drilling sites. (Department of Planning Services) 4. The applicant shall submit a Private Improvements Agreement according to policy.The applicant shall submit to the Department of Planning Services itemized bids for all improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit evidence that all the work has been completed and approved by County Staff (Department of Planning Services) 5. Upon completion of 1 through 4 above 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 sixty(60) 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) 6. 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) 7. 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 dhuerter(aco.weld.co.us (Department of Planning Services) • 8. 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) Resolution USR-1734 Jimmie&Tamara James Page 4 • Motion seconded by Nick Berryman. 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 May 4, 2010. Dated the 4th of May, 2010. Kristine Ranslem Secretary • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS • Jim &Tammy James USR-1734 1. A Site Specific Development Plan and Special Review Permit for a Home Business(Feed Distribution Business) 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. 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) 4. 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) 5. 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) 6. The applicant shall operate in accordance with the approved "Waste Handling Plan", at all times. (Department of Public Health and Environment) • 7. 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) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 9. Adequate drinking, hand washing and toilet facilities shall be provided for at all times. (Department of Public Health and Environment) 10. 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) 11. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 12. 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) 13. 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) Resolution USR-1734 Jimmie&Tamara James Page 6 • 14. 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) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 17. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will 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) 18. A building permit shall be obtained prior to the change of use, or construction of any new structures. (Department of Building Inspection) 19. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to Chapter9 and exiting requirements by Chapter 10. (Department of Building Inspection) • 20. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 21. All building plans shall be submitted to Southeast Weld Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 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 constructed as traffic control devices. (Department of Planning Services) 23. The landscaping on site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 24. Hours of operation shall be from 8:30am to 4:30pm Monday through Friday. (Department of Planning Services) 25. The site shall be limited to no employees on site, other than the property owners. (Department of Planning Services) 26. 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) Resolution USR-1734 Jimmie&Tamara James Page 7 • 27. Personnel from the 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. 28. 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. 29. 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. 30. Prior to the Use by Special Review (USR) area being leased, transferred, or sold, the applicant shall apply in writing and receive written approval in the appropriate county land division process (recorded exemption, subdivision, planned unit development, or subdivision exemption). 31. 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 Resolution USR-1734 Jimmie&Tamara James Page 8 • 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. • • - - )O • Michael Weiss commented that his wife has been actively engaged over the last 16 to 20 years in dog rescue for the local region. He added that she has a big heart and over the number of years in trying find homes for these animals they have accumulated a number of dogs as their own. 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 applicants if they read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicants replied that they are in agreement. Robert Grand moved that Case USR-1732 be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Bill Hall. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. The Chair read the last case into record. CASE NUMBER: USR-1734 APPLICANT: Jimmie & Tamara James PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (feed distribution business) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A RE-2158; Part E2SE4 of Section 29, T2N, R63W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 16 and west of and adjacent to CR 65. • Kim Ogle, Planning Services, commented that this application is for a home business. The applicants are in the feed distribution business for Kent Feeds. The site is not located within an intergovernmental agreement area; however it does lie within the three mile referral area for the Town of Keenesburg. The Town, in their referral dated January 14, 2010, indicated that they reviewed the request and found no conflicts with their interests. Access to the property is from County Road 65, maintained by Weld County. Currently the property is in violation for the presence of a feed and seed business without an approved and recorded Use by Special Review permit. The business is located 150 feet from County Road 16 and approximately 100 feet from County Road 65 on a recorded exemption parcel. Adjacent parcels to the north,east and west are also recorded exemption parcels with residences and outbuildings. The applicant indicates that there is no outdoor storage as the feed is stored on pallets within an existing structure. Surrounding property in all directions is zoned agricultural and is predominately single family homes. The applicant provided a letter of support signed by six(6)surrounding property owners indicating no opposition to their proposed use. Eleven referral agencies reviewed the application. Six (6) referral agencies offered comments and are addressed through conditions of approval and development standards. Aside from the letter of support of the application, no letters or phone calls were received. • The Department of Planning Services recommends approval of this case along with the attached condi i• rawa approval and development standards. • Lauren Light, Environmental Health, commented that the applicants have a domestic well. There are no issues with the septic system as no customers will be coming to the site; rather it is delivery only. The applicant has submitted Waste Handling and Dust Abatement Plans. Ms. Light stated that there are no concerns with this case. Heidi Hansen, Public Works, stated that County Road 65 is a local gravel road. The applicants identified a low point on their property which stormwater runoff collects; therefore no further requirements were requested. Jim and Tamara James commented that they operate a feed distribution from their home. Delivery trucks come one to two times per month. The material is stored in their building and then delivered to retail stores throughout Colorado. 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 applicants if they read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicants replied that they are in agreement. Robert Grand moved that Case USR-1734 be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Nick Berryman. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, absent, Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. • 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. Commissioner Lawley asked why this last case is any different from a farmer selling seed from his place year round. Mr. Ogle said it is no different and that they should have a Use by Special Review permit for a home business as well. Commissioner Holton commented that he believes this will be addressed by the proposed code changes. Bethany Salzman provided a brief summary of the proposed code changes in relation to Home Occupation. The proposed code changes will be brought before the Planning Commission for review at the June 1, 2010 meeting. Meeting adjourned at 2:18 pm Respectfully submitted, J Wv6ne_2 , Qn Kristine Ranslem Secretary • 5 Hello