HomeMy WebLinkAbout20093406.tiffBEFORE 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR-1718
Heliberto & Teresa Perez
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (truck and equipment parking) in the A (Agricultural) Zone District.
Lot 6, Block 34, 2n° Aristocrat Ranchettes; located in Section 27, T2N, R66W of
the 6th P.M., Weld County, Colorado.
North of and adjacent to Higgins Ave and east of Henry Street.
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.Policy 7.2. of the Weld County Code 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."
Section 22-2-20 I.A.Goal 9.of the Weld County Code states: "Reduce potential conflicts
between varying land uses in the conversion of traditional agricultural lands to other land
uses."
The applicant is proposing to park a total of two (2) trucks (one more than the amount
allowed as a use by right in the Agricultural zone district) along with two (2) trailers. The
Department of Planning Services is requiring a Screening Plan be submitted to screen the
vehicles and trailers.
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.O of the Weld County Code provides for a
Home Business as a Use by Special Review 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.
This use meets the intent of a "Home Business" as defined in the Weld County Code. The
home business criteria outlined in Section 23-1-90 are:
1) The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein and
2) Such use is clearly incidental and secondary to the principal permitted use and
shall not change the character thereof
Staff has received no letters or telephone calls concerning the on -site activity. The
attached Conditions of Approval (requiring the trucks to be screened) and Development
Standards will ensure that the proposed use is compatible with the surrounding area.
2009-3406
Resolution USR-1718
Heliberto & Teresa Perez
Page 2
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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. This site is located within the 3 -mile referral area for City of Fort
Lupton; a referral response has not been received from the City of Fort Lupton. It is the
opinion of the Department of Planning Services that this facility will be compatible with the
future development of the surrounding area.
E. Section 23-2-220.A.5 -- The application complies with Article V, Divisions 1, 2, 3 and 4 of
the Weld County Code, as the site does not lie within any Overlay Districts.
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 parcel is
approximately one (1) acre in size with an existing residence and garage on the property.
G. Section 23-2-220.A.7 -- 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 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 (ZCV09-00133) for storing commercial vehicles and equipment
without an approved and recorded Use by Special Review permit (USR); however, the violation will be
closed upon approval from the Board of County Commissioners.
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:
Prior to recording the plat:
A. The applicant shall submit a dust abatement plan, detailing on site dust control measures,
for review and approval, to the Environmental Health Services, Weld County Department
of Public Health & Environment. Written evidence of approval must be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
B. The applicant shall submit a waste handling plant to the Weld County Department of
Public Health & Environment. The plan shall include at a minimum, the following
(Department of Public Health and Environment):
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). Written evidence of approval must
be submitted to the Department of Planning Services.
Resolution USR-1718
Heliberto & Teresa Perez
Page 3
C. In the event washing of vehicles will occur on site the applicant shall ensure that any
vehicle washing area shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Rules and Regulations of the Water Quality control
Commission, and the Environmental Protection Agency. Vehicle washing areas must be
designated on the plat. Written evidence of approval must be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
D. The applicant shall address the requirements of the Department of Public Works as
stated in their referral response dated October 5, 2009. Written evidence of Public Works
approval shall be submitted to the Department of Planning Services. (Department of
Public Works)
E. The applicant shall submit a screening plan for review and approval by the Department of
Planning Services. The semi trucks and trailers shall be screened by an opaque fence (or
landscaping material) from adjacent properties and rights -of -way or shall be placed inside
an enclosed building. If vehicles are parked inside a future on -site structure, an
amendment to the Special Use Permit will not be required. (Department of Planning
Services)
F. The applicant shall complete all proposed improvement including those regarding
screening or enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required materials. 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. (Department of Planning
Services)
G. The plat shall be amended to delineate the following:
1. The plat shall comply with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. All sheets of the plat shall be labeled USR-1718. (Department of Planning
Services)
4. Higgins Avenue is a local gravel road and requires a 60 -foot right-of-way at full
build out. This road is maintained by Weld County. Pursuant to the definition of
setback in the Weld County Zoning (23-1-90), the required setback is measured
from the future right-of-way line. (Department of Public Works)
5. The parking surface materials shall be indicated (gravel, recycled asphalt or
equivalent). (Department of Public Works)
6. The water quality control feature to control run-off must be delineated on the plat.
(Department of Public Works)
7. The approved Screening Plan. (Department of Planning Services)
H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. 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
Resolution USR-1718
Heliberto & Teresa Perez
Page 4
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the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. 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 dhuertera(�co.weld.co.us (Department of Planning Services)
4. 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 Mark Lawley.
VOTE:
For Passage
Robert Grand
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
Against Passage Absent
Bill Hall
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 December 1, 2009.
Dated the 15' of December, 2009.
Kristine Ranslem
Secretary
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1. The Site Specific Development Plan and a Special Review Permit for a Home Business (parking of
commercial vehicles and equipment — two trucks, two trailers and associated equipment) 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 vehicles and trailers associated with this use shall be currently licensed and operational.
(Department of Planning Services)
4. Outdoor storage shall be limited to two trucks, two trailers and associated equipment. (Department of
Planning Services)
5. Hours of operation (hours of trucks leaving and returning to the site) shall be limited to 7 AM to 7PM;
Monday through Saturday. (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.) 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. (Department of Public Health and Environment)
• 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
9. 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)
10. The facility shall adhere to the maximum permissible noise levels allowed in the (Commercial) Zone
Districts as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Heliberto and Teresa Perez
USR-1718
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11. Adequate handwashing and toilet facilities shall be provided at all times. (Department of Public Health
and Environment)
12. The applicant shall operate in accordance with the approved Waste Handling Plan at all times.
(Department of Public Health and Environment)
13. Commercial vehicle and/or equipment washing is prohibited in accordance with the restrictions of
Aristocrat Ranchettes Water Project permit number RAM 634. (Department of Public Health and
Environment)
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. 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) (Department of Planning
Services)
Resolution USR-1718
Heliberto & Teresa Perez
Page 6
16. The historical flow patterns and run-off 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)
17. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
18. Off-street parking spaces including the access drive shall be surfaced with gravel, recycled asphalt or
the equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
22. 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.
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.
S
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LEGAL DESCRIPTION
LOCATION:
Industrial Zone Districts (construction company) in the A (Agricultural) Zone
District.
Part of the S2 of Section 33, Ti N, R65W of the 6th P.M., Weld County,
Colorado.
North of and adjacent to CR 2 and 1 mile west of CR 45.
Chris Gathman, Planning Services, stated that staff recommends that this case remain on the consent
agenda.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant replied yes.
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 read the last case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR-1718
Heliberto & Teresa Perez
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (truck and equipment parking) in the A (Agricultural) Zone District.
Lot 6, Block 34, 2n° Aristocrat Ranchettes; located in Section 27, T2N, R66W of
the 6th P.M., Weld County, Colorado.
North of and adjacent to Higgins Ave and east of Henry Street.
Kim Ogle, Planning Services, stated that the applicantwishes for this case to remain on the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to approve the Consent Agenda including Cases USR-1716, USR-1721, and USR-1718
and that they 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 Mark
Lawley. 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. No one had
any further business to discuss.
Meeting adjourned at 1:47 p.m.
Respectfully submitted,
7t/L1112
Kristine Ranslem
Secretary
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