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Home My WebLink About20082951.tiff 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-1669 APPLICANT: Kelly&Sally Harmon PLANNER: Kim Ogle LEGAL DESCRIPTION: Part S2 SW4 Section 19,T1 N, R67W of the 6th P.M.,Weld County, Colorado. REQUEST: 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(truck parking)in the A (Agricultural)Zone District. LOCATION: North of and adjacent to CR 6, 1/4 mile east of CR 13, 1/2 mile west of CR 15. 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 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." The property is agrarian • in nature with an existing barn utilized as a garage. 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." 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.R of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District(truck parking) in the A (Agricultural)Zone District C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The site has improvements consisting of the barn to be used as a garage to park the company trucks when they are not in use, the Harmon's residence and one shed. The surrounding property is primarily agricultural in nature with a few homes located in close proximity. There are eight (8) parcels within 500 feet of the property. Conditions of Approval and Development Standards will ensure compatibility with the surrounding area. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within three miles of the City of Dacono,City of Northglenn, City of Thornton,Adams County and the City and County of Broomfield. The City of Dacono in a referral dated August 12, 2008, the City and County of Broomfield in their referral dated August 19, 2008, the City of Northglenn in their referral dated August 28, 2008, stated they • had reviewed the request and find no conflict with their interests. The City of Northglenn in their referral dated August 18,2008 approves of the proposed application and Adams County did not return a referral. EXHIBIT 2008-2951 B ti��Hol�j Resolution USR-1669 Kelly&Sally Harmon Page 2 • E. Section 23-2-220.A.5 --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.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. 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 Department of Planning Services met with the applicant on September 25,2008 to discuss the referrals received. Through discussion with the applicant several issues were resolved; therefore the Conditions of Approval outlined below are the remaining items that still need to be addressed. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall attempt to address the requirements(concerns)of the Farmers Reservoir & Irrigation Company, Bull Canal Ditch Company, as stated in the referral response dated • August 20, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements(concerns)of the Weld County Department of Public Health and Environment,as stated in the referral response dated September 15,2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1. All sheets shall be labeled USR-1669 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall delineate any signs in compliance with Division 2 of the Weld County Code. (Department of Planning Services) 4. County Road 6 is designated on the County Road Classification Plan as a collector roadway,which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-of-way.A total of 40 feet from the centerline of County Road 6 shall be delineated on the plat. The future and existing right of way including the documentation creating them shall be delineated on the plat. This road is maintained by Weld County. (Department of Public Works) 5. The plat shall identify any types of rights-of-way and or easements that exist on site. (Department of Planning Services) • 6. The applicant shall dedicate an additional twenty (20) foot right-of-way parallel to County Road 6 right-of-way for future build out. (Department of Public Works) Resolution USR-1669 Kelly&Sally Harmon Page 3 • 7. A forty(40)foot radius is required on all accesses to public roads for accesses designed to accommodate truck traffic. {A minimum effective turning radius of forty(40)feet shall be used for accesses intended to accommodate truck traffic. (Weld County Codification Ordinance 2000-1)} (Department of Public Works) D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 1. 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 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) 2. 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 maps(@co.weld.co.us. (Department of Planning Services) 3. Prior to operation: A. The applicant shall provide a written sign-off from the Mountain View Fire Protection District to the Department of Building Inspection. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) • 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 Tom Holton. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Doug Ochsner Erich Ehrlich Roy Spitzer Paul Branham Mark Lawley Nick Berryman 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. • Resolution USR-1669 Kelly&Sally Harmon Page 4 • 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 21, 2008. Dated the 21st of October, 2008. Kristine Ranslem Secretary • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kelly and Sally Harmon • USR-1669 1. A Site Specific Development Plan and a Special Review Permit for a Use by Right,an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District (truck parking) 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. 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) 7. Any vehicle washing area(s)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) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 9. Adequate handwashing and toilet facilities shall be provided for employees 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. A permanent,adequate water supply shall be provided for drinking and sanitary purpose. (Mountain View Water) (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. A building permit application must be completed and two complete sets of plans including engineered foundation 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. (Department of Building Inspection) • 14. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) Resolution USR-1669 Kelly&Sally Harmon Page 6 • 15. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) 16. A letter of approval shall be provided to the Department of Building Inspection from the Mountain View Fire Protection District prior to construction of any structure. (Department of Building Inspection) 17. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in accordance with Section 23-3-250.B.6 of the Weld County Code. (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 hours of operation are 6:00am to 4:00pm daily. (Department of Planning Services) 20. The site shall not have more then four(4)employees on site at any given time. (Department of Planning Services) 21. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the • applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require an Amended Use by Special Review application. (Department of Planning Services) 22. 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) 23. 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) 24. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion,recompletion,re-entry,production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 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. (Department of Planning Services) Resolution USR-1669 Kelly&Sally Harmon Page 7 • 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. (Department of Planning Services) • J0-cal -atoll SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING • Tuesday, October 21, 2008 A regular meeting of the Weld County Planning Commission was held in the Weld County Department of Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by Chair, Doug Ochsner, at 1:30 p.m. ROLL CALL ABSENT Doug Ochsner-Chair Tom Holton -Vice Chair Nick Berryman Paul Branham Erich Ehrlich Robert Grand Bill Hall Mark Lawley Roy Spitzer Also Present: Jacqueline Hatch, Chris Gathman,Tom Honn, Department of Planning Services;Don Carroll, Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary. Robert Grand moved to approve the October 7, 2008 Weld County Planning Commission minutes,seconded by Bill Hall. Motion carried. The Chair read the first case on the Consent Agenda into record. • CASE NUMBER: AmUSR-1614 APPLICANT: SemCrude LP PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: S2 SE4 of Section 24, T3N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Storage Facility in the A(Agricultural)Zone District. LOCATION: West of and adjacent to CR 49 and north of and adjacent to CR 30. The Chair asked Ms. Hatch if she wishes for this case to remain on consent. Ms. Hatch replied that she does wish for this case to remain on the consent agenda. The Chair asked the applicant if they wish for this case to remain on consent. The applicant indicated 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 asked the Planning Commissioners if they would like to have this case pulled from consent. No one wished to have it pulled. The Chair read the next case on the Consent Agenda. - CASE NUMBER: USR-1669 APPLICANT: Kelly&Sally Harmon PLANNER: Kim Ogle • LEGAL DESCRIPTION: Part S2 SW4 Section 19, TIN, R67W of the 6th P.M., Weld County, Colorado. Ca REQUEST: 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 K Review in the Commercial or Industrial Zone Districts (truck parking) W in the A (Agricultural)Zone District. • LOCATION: North of and adjacent to CR 6, 1/4 mile east of CR 13, 1/2 mile west of CR 15. The Chair asked Ms. Hatch if she wishes for this case to remain on consent as well. Ms. Hatch replied yes. The Chair asked if the applicant wishes for this case to remain on consent. The applicant indicated 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 asked the Planning Commission if they would like to have this case pulled from consent. No one wished to have it pulled. Robert Grand moved that the Consent Agenda including AmUSR-1614 and USR-1669, 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. Tom Holton seconded the motion. Motion carried unanimously. The Chair read the next case into record. CASE: Weld County Code Changes PLANNER: Chris Gathman REQUEST: Chapter 23: Sections 23-1-90, 23-3-30 N, 23-3-40 DD, 23-3-210 C5, 23-3-210 D10, 23-3-220 C5, 23-3-220 D8, 23-3-230 C5, 23-3-230 C4, 23-3-230 D9, 23-3- 240 C8, 23-3-240 D4, 23-3-310 C8, 23-3-310 D8, 23-3-320 C7, 23-3-320 D13, 23-3-330 C7, 23-3-330 D14, 23-3-420 H, 23-3-430 M, 23-4-970, 23-4-980, and • 23-4-990. Chris Gathman, Department of Planning Services, stated that these proposed code changes are to address one specific issue which is in regard to wind generators or wind turbines. Mr. Gathman commented that in the proposed definitions changes which were handed out, they made a revision to the definition. He indicated that originally it was called a wind turbine and staff has changed that to wind generator. Staff took out some of the language in regard to how it applies to a 1041 application in order to simplify it. In addition, staff is proposing to modify the Zoning Code to allow wind generators as an accessory use or as a use allowed with zoning permit approval. The Zoning Permit would be through an administrative process if we do not receive objections from 30% or more of the property owners adjacent to the property where the wind generator is proposed. If we do get objections from 30%or more of the property owners,then there would be a hearing that would be held by the Board of County Commissioners who would make the final decision. The other wind generators that are either taller or if there is more than three(3)wind generators proposed on an individual property then it would be reviewed under a standard Use by Special Review permit. The criteria as to which process the application would fall under is based on 1)the size of lot, 2)the height of the wind generator, 3) rotor diameter, and 4) number of wind generators per lot. Staff is also proposing wind generator standards that would regulate setbacks, design (specifically color), noise, and compatibility. Commissioner Ochsner and asked how the surrounding property owners are notified. Mr.Gathman said that it would be similar to a Use by Special Review permit in which the applicant would submit a surrounding property owners list along with the application. The surrounding property owners would be notified by letter. • Mr. Gathman indicated that there is a zoning permit process for mobile homes which is very similar. An applicant would make an application and provide the surrounding property owner list to the Department of Planning Services and then those property owners within 500 feet of the outer boundaries of the property are Hello