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HomeMy WebLinkAbout20080114.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Tom Holton 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: AMUSR-1193 APPLICANT: Gary Novotny PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: NW4 NE4 of Section 27, T2N, R62W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a junkyard and salvage yard in the A(Agricultural)Zone District. LOCATION: South of and adjacent to CR 18 and approximately 1/4 mile west of CR 81. 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." Development standards and conditions of approval will ensure that the proposed use will be compatible with the region. The surrounding property is primarily agricultural in nature with a few homes in close proximity. 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." As a condition of approval the applicant will be required to completely screen the use from adjacent properties and 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.G of the Weld County Code provides for a commercial junkyard or salvage yard as a Use by Special Review in the A (Agricultural) Zone District. The site was heard by the Board of County Commissioners on July 11, 2007 for a probable cause hearing because of the expansion of the facility. If this application is denied,within 90 days from denial, all junk and salvage items and activities shall be limited to the previously approved 5 acres through USR-1193 or this case will be presented to the Board of County Commissioners through the Show Cause Hearing process. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The site currently has a single family home on the property and USR- 1193 for a junkyard and salvage yard as approved by the Board of County Commissioners on September 23, 1998. This amendment of the existing USR on site is required because the facility has expanded outside its original approved size. Under USR-1193 the area designated for the junkyard and salvage yard was for five acres. The proposed Amended USR-1193 would allow the site to expand to approximately 15 acres in size. The applicant shall submit a Screening Plan for the outdoor storage of vehicles, equipment or materials from adjacent properties and future rights-of-way as a condition of approval. 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 EXHIBIT 1 6 2008-0114 AmUStZitl(9. Resolution AMUSR-1193 Gary Novotny Page 2 • municipalities. The site is not located within three miles of any municipalities. 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. If denied,within 90 days from denial, all junk and salvage items and activities shall be limited to the previously approved Board Resolution of USR-1193 or this case will be presented to the Board of County Commissioners through the Show Cause Hearing process. The Planning Commission's recommendation for approval is conditional upon the following: • 1. Prior to recording the plat: A. The applicant submit a detailed sign plan in compliance with Chapter 23 Division 2 of the Weld County Code to the Weld County Department of Planning Services for review and approval. (Department of Planning Services) B. Section 22-5-100.A of the Weld County Code states"oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.B of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Section 22-5-100.B.1 of the Weld County Code also states "new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." 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) C. The applicant shall address the requirements(concerns)of the State of Colorado Division of Wildlife, as stated in the referral response dated September 25, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. • (Department of Planning Services) • Resolution AMUSR-1193 Gary Novotny Page 3 • D. The applicant shall address the requirements(concerns)of the State of Colorado Division of Water Resources,as stated in the referral response dated September 20,2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements(concerns)of the Weld County Department of Public Works, as stated in the referral response dated October 9, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall address the requirements (concerns)of the Weld County Department of Public Health and Environment, as stated in the referral response dated October 16, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall address the requirements(concerns)of the Weld County Department of Planning Services Landscape referral dated September 14, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) H. The applicant shall address the requirements(concerns)of the Weld County Department of Building Inspection,as stated in the referral response dated September 10, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall submit a building permit for a change of use for the existing garage to be . utilized as an office with restrooms. Written evidence that the permit has been submitted shall be provided to the Department of Planning Services. (Department of Planning Services) J. The applicant shall submit to the Department of Planning Services Screening Plan for review and approval. The plan shall include the method of screening the outdoor storage of vehicles, equipment or materials from adjacent properties and future rights-of-way. The applicant shall maintain compliance with Section 23-2-250.B.7 of the Weld County Code at all times. (Department of Planning Services) K. The applicant shall submit to the Department of Planning Services with a property maintenance plan for review and approval. The maintenance plan shall be in compliance with Section 23-2-250.8.7 of the Weld County Code. (Department of Planning Services) L. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health&Environment. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. The plan shall include at a minimum, the following: 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).(Department of Public Health and Environment) • M. The applicant shall provide evidence to the Weld County Department of Public Health and Environment that the applicant has submitted a registration form to the Colorado Department Resolution AMUSR-1193 Gary Novotny Page 4 • of Health and Environment,Air Pollution Control Division(APCD),Chlorofluorocarbon(CFC)program, for air cooler,chillers or food storage refrigerators and freezer containing ozone-depleting refrigerants. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) N. The applicant shall submit a dust abatement plan for parking and driving areas for review and approval,to the Environmental Health Services,Weld County Department of Public Health& Environment. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Q. The Environmental Health Services Division was unable to locate a septic permit for the septic system serving the office/garage structure. The septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. (6 employees&patrons to the site)The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) P. The applicant shall submit evidence to the Department of Planning Services, from the Colorado Division of Water Resources,demonstrating that the well is appropriately permitted . for the commercial use. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Q. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements 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) R. The plat shall be amended to delineate the following: 1. All sheets shall be labeled AMUSR-1193 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. County Road 18 is designated on the County Road Classification Plan as local gravel road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 18 shall be delineated on the plat. This road is maintained by Weld County. (Department of Public Works) 4. The existing access shall be utilized. No new accesses are allowed. A 40 foot radius is required on all accesses to public roads for accesses designed to accommodate truck traffic. The applicant shall submit a plan demonstrating the • turning radiuses onto and off of County Road 18 to the Department of Public Works for review and approval. Evidence of approval shall be submitted to the Department Resolution AMUSR-1193 Gary Novotny Page 5 • of Planning Services. The plat shall delineate the approved adequate turning radiuses onto and off of County Road 18. (Department of Public Works) 5. The plat shall identify any types of rights-of-way and or easements that exist on site. (Department of Public Works) 6. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 7. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 8. The off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. The location and type of surfacing material shall be delineated on the plat. (Department of Planning Services) S. 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) 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 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) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Amended 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(Wco.weld.co.us. (Department of Planning Services) 4. Prior to the issuance of building permits: A. The applicant shall provide a written sign-off from the South East Weld Fire Protection District to the Department of Planning Services. (Department of Planning Services) 5. 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 AMUSR-1193 Gary Novotny Page 6 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Gary Novotny AMUSR-1193 1. An Amended Site Specific Development Plan and a Special Review Permit for ajunkyard and salvage yard 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". (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 abetment plan at all times. (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. The employees shall be allowed to use the toilet facilities located in the office/garage. (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 purposes. (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) • A building permit shall be obtained prior to the construction of any new building, addition or remodel of Resolution AMUSR-1193 Gary Novotny Page 7 • existing buildings. A building permit is required for change of use of any existing buildings. (Department of Building Inspection) 13. A plan review is required for each building for which a building permit is required. Plans shall bear the west stamp of a Colorado registered architect or engineer. Two complete sets of plans are required with applying for each permit. (Department of Building Inspection) 15. Structures 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 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 16. New structures will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 17. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) 18. 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) 19. A letter of approval shall be provided to the Department of Building Inspection from the South East Weld Fire Protection District prior to construction of any structure. (Department of Building Inspection) 20. 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) 21. 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) 22. 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. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 23. The hours of operation are 8:00am to 5:00pm Monday through Friday. There shall be no weekend hours. (Department of Planning Services) 24. The site shall not have more then eight(8)employees on site at any given time. (Department of • • Resolution AMUSR-1193 Gary Novotny Page 8 • Planning Services) 25. The site is limited to the salvage of non-hazardous parts of semi-trailers and trailer parts. (Department of Planning Services) 26. No stacking of vehicles is allowed. (Department of Planning Services) 27. 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, South East Weld 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) 28. 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) 29. 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) 30. The screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) • 31. 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) 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 34. 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. 35. 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. 36. 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. • Resolution AMUSR-1193 Gary Novotny Page 9 • Motion seconded by Mark Lawley. VOTE: For Passage Against Passage Absent Doug Ochsner—Chair Tom Holton—Vice Chair Paul Branham Erich Ehrlich Robert Grand Bill Hall Mark Lawley Roy Spitzer The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to serve as a permanent record of these proceedings. CERTIFICATION OF COPY I, Donita May, 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 November 20, 2007. • Dated the 20th of November, 2007. Donita May Secretary • SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING • Tuesday, November 20,2007 A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County Conference Room, 4209 CR 24.5, Longmont,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 Paul Branham Erich Ehrlich Robert Grand Bill Hall Mark Lawley Roy Spitzer Also Present: Tom Honn,Chris Gathman,Michelle Martin,Planning Department;Cyndy Giauque,County Attorney;Brian Varrella,Don Dunker and David Snyder,Public Works Department;Trevor Jiricek and Char Davis,Environmental Health Department and Donita May, Recording Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on November 6, 2007,was approved as read. The Chair read case AMPZ-1035 into the record and explained to the audience that it was on the Consent Agenda which meant that two Planning Commissioners must ask for the case to be removed from the agenda to be heard. CASE NUMBER: AMPZ-1035 APPLICANT: Red Baron Development PLANNER: Jacqueline Hatch • LEGAL DESCRIPTION: Lot 7 of Red Baron Estates PUD,part of the SE4 of Section 30,T2N,R65W of the 6th P.M.,Weld County, Colorado. REQUEST: An Amended Change of Zone from the E (Estate) Zone District to C-2 (General Commercial)Zone District for one lot within Red Baron Estates PUD. LOCATION: West of and adjacent to CR 39 and approximately 1 mile south if CR 18. The Chair asked if there was anyone in the audience who wished to speak for or against this application remaining on the Consent Agenda. No one wished to speak. The Planning Department and the applicant were requesting this application remain on the Consent Agenda. No Commissioners requested it be heard. The Chair read case AMUSR-1193 into the record and explained to the audience that it was on the Consent Agenda which meant that two Planning Commissioners must ask for the case to be removed from the agenda to be heard. CASE NUMBER: AMUSR-1193 APPLICANT: Gary Novotny PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: NW4 NE4 of Section 27,T2N, R62W of the 6th P.M.,Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a junkyard and salvage yard in the A(Agricultural)Zone District. LOCATION: South of and adjacent to CR 18 and approximately 1/4 mile west of CR 81. The Chair asked if there was anyone in the audience who wished to speak for or against this application remaining on the Consent Agenda. No one wished to speak. The Planning Department and the applicant were requesting this application remain on the Consent Agenda. No Commissioners requested it be heard. The Chair read case USR-1624 into the record and explained to the audience that it was on the Consent Agenda which • meant that two Planning Commissioners must ask for the case to be removed from the agenda to be heard. CASE NUMBER: USR-1624 ` APPLICANT: Encana Oil&Gas 1 1 _z Hello