HomeMy WebLinkAbout20080634.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: USR-1640
APPLICANT: Mario Calderon
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot A of RE-2914; Part of the NW4 of Section 5, Ti N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development plan and Special Use Permit for any use
permitted as a Use by Right, an ACCESSORY USE, or a Use by Special
Review in the COMMERCIAL or Industrial Zone Districts(concrete
business, storage of equipment and maintenance shop), provided that
the property is not a Lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivision in the(A)Agricultural Zone District.
LOCATION: East of and adjacent to CR 15 and 1/2 mile south of State Highway 52.
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 single-family homes
in close proximity to the north and high-density residential (mobile-home park)to the west.
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.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 (concrete business,
storage of equipment and maintenance shop) 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 currently has a single family home on site. The surrounding
property to the west is high-density residential(mobile-home park),single family homes with
agricultural uses to the north,south and east; high powered electrical lines and scattered oil
and gas facilities are also in the vicinity. To the north USR-1130 for a small delivery company
with warehousing for customers and Recreational Vehicle Storage was approved by the
Board of County Commissioner's on November 13, 1996.
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 Cities of Dacono and Frederick.
EXHIBIT
2008-0634 1 3
use a6E/bVo
Resolution USR-1640 1 1
Mario Calderon
Page 2
• The City of Dacono, in their referral dated December 3,2007,stated that the property is located in an
area designated as medium density by their Comprehensive Plan. They therefore found that approval
of the Use by Special Review application is not compatible with the intent, goals, objectives and
policies of their Comprehensive Plan and the City can not support the application. No response was
received from the City of Frederick. Section 19-2-60.8 — If a MUNICIPALITY's objection to or
recommendation of disapproval of a Development proposal is based upon a conflict or incompatibility
between proposed uses in the Development and the MUNICIPALITY's anticipated zoning
classification for the property, the COUNTY will not approve same unless, in the COUNTY'S
judgment:a)such conflict or incompatibility is unlikely to occur;b)that suitable mitigation measures to
be imposed by the COUNTY as conditions of approval will eliminate or adequately mitigate adverse
consequences of incompatibility or conflict; or c) the MUNICIPALITY's anticipated zoning
classification of the property is unreasonable. a) The site is located east of County Road 15 and
adjacent to the City of Dacono. Surrounding property to the west includes high-density residential
(mobile-home park)and scattered throughout the area are high-powered electrical lines and oil and
gas facilities; to the north USR-1130 for a small delivery company with warehousing for customers
and Recreational Vehicle Storage was approved by the Board of County Commissioners on
November 13, 1996. Incompatibility with the surrounding use is unlikely; b) all vehicles and
equipment associated with the business shall be screened from adjacent public right-of-way and
surrounding properties as a condition of approval; and c) the medium-density residential zoning
classification of the property by the City of Dacono is unreasonable due to the size of the parcel and
current surrounding land uses.
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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. 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)
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Resolution USR-1640 • •
Mario Calderon
Page 3
• B. The applicant shall submit an executed annexation agreement with the City of Dacono which
requires the owner to annex the property to the municipality upon the terms and conditions as
stated in the agreement pursuant to Weld County Code Section 19-2-60.C.2. or the
municipality states in writing that it does not intend to annex the property. (Department of
Planning Services)
C. The applicant shall attempt to address the requirements(concerns)of the City of Dacono,as
stated in the referral response dated December 3, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Works,as stated in the referral response dated December 6,2007. 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 Health and Environment,as stated in the referral response dated December 20,2007.
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
Planning Services Landscape referral dated November 27. 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
Building Inspection,as stated in the referral response dated December 4,2007. 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 Mountain View Fire Protection
District,as stated in the referral response dated November 20,2007. 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 dust abatement plan for review and approval to Environmental
Health Services,Weld County Department of Public Health and Environment.(Department of
Public Health and Environment)
J. 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)
• K. The applicant shall submit a Landscaping and Screening Plan for the site. The plan at a
minimum shall include the existing and future plant material including the proposed fencing,
Resolution USR-1640 • •
Mario Calderon
Page 4
• lighting,screening and landscape treatment from adjacent properties. 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 23-2-250.8.7 of the Weld County Code at all times. (Department of Planning
Services)
L. 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)
M. The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1640(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Weld County Code Sextion 23-2-
260.D. (Department of Planning Services)
4. County Road 15 is designated on the County Road Classification Plan as local paved
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 15 shall be
delineated on the plat. The applicant shall verify the documents creating the right-of-
411 way. This road is maintained by Weld County. (Department of Public Works)
5. 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 15 to the Department of Public Works
for review and approval. Evidence of approval shall be submitted to the Department
of Planning Services. The plat shall delineate the approved adequate turning
radiuses onto and off of County Road 15. (Department of Public Works)
6. The plat shall identify any types of rights-of-way and or easements that exist on site.
(Department of Public Works)
7. 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)
8. 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)
9. The applicant shall provide a parking plan that designates parking spots for
employees,customers,and business/delivery trucks. The parking locations shall be
dimensioned and shown according to Section 23-2-260 of the Weld County Code.
(Department of Planning Services)
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10. The Department of Planning Services has determined from the application materials
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Resolution USR-1640
Mario Calderon
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that ten(10)parking spaces and one(1)ADA parking space will be required on site.
Each parking space should be equipped with wheel guards where needed to prevent
vehicles from extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, sidewalks, or plantings. (Department of
Planning Services)
11. The approved Landscaping and Screening Plan. (Department of Planning Services)
12. 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)
N. 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)
Q. The mobile home located on site shall be removed. Written evidence or removal shall be
submitted to the Weld County 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
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 mapsaco.weld.co.us. (Department of Planning Services)
4. Prior to operation:
A. In the event the applicant intends to utilize the existing septic system at the home, for
employee use, 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. 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.
(Department of Public Health and Environment)
B. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area.The applicant shall inquire with the
Water Quality Control Division (WQCD) of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD
that they are not subject to these requirements. (Department of Public Health and
• Environment)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
Resolution USR-1640 •
Mario Calderon
Page 6
• 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)
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Resolution USR-1640 • •
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•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mario Calderon
USR-1640
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(concrete business,storage
of equipment and maintenance shop) 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 (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 and patrons of the facility.
(Department of Public Health and Environment)
10. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Public Health and Environment)
11. 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)
12. All potentially hazardous chemicals must be sorted and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
13. 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)
Resolution USR-1640 •
Mario Calderon
Page 8
•
14. A building permit shall be obtained prior to the construction of any new building,addition or remodel of
existing buildings. A building permit is required for change of use of any existing buildings.
(Department of Building Inspection)
15. 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)
16. 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)
17. 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)
18. 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 Weld County Code. (Department of Building Inspection)
19. 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)
21. A letter of approval shall be provided to the Department of Building Inspection from the Johnstown
Fire Protection District prior to construction of any structure. (Department of Building Inspection)
22. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services)
23. 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)
24. 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)
25. The hours of operation are 7:00am to 6:00pm Monday through Saturday. (Department of Planning
Services)
26. The site shall not have more than eight(8)employees on site at any given time not including residents
• thereof. (Department of Planning Services)
Resolution USR-1640 • ilr
Mario Calderon
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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,Johnstown 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 landscaping and screening on site shall be maintained in accordance with the approved
Landscape and 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 USR-1640
Mario Calderon
Page 10
•
Motion seconded by Robert Grand.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
Tom Holton—Vice Chair
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Nick Berryman
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 January 15, 2008.
Dated the 15th of January, 2008.
fJ�Donita May V
Secretary
•
1 - js-zaog
Ms.Cozad asked for clarification if item number three should also read ninety days. Mr.Caruso agreed that it
• should be changed to ninety days and BOCC deleted and Planning Commission inserted. Her other concern
was on Condition 1.1., "Lot A shall use the existing agricultural access point from County Road 1"as Lot A is
not a part of this USR so it could be stricken. Mr. Caruso said Lot A could be changed to"SE-1125 shall use
the existing access road". Ms. Cozad suggested placement on the SE plat rather than the USR plat.
Bruce Barker,County Attorney said if Lot A is changed to SE-1125 that will be consistent with what the SE will
reflect. The SE-1125 lot shall use the existing agricultural access road from CR 1,which is consistent with
what will occur on the SE-1125 lot.
Tom Holton motioned to amend item 1.1.to say, "The SE-1125 lot shall use the existing agricultural access
road from CR 1", and amend item three, page five to delete Board of County Commissioners and insert
Planning Commission, and change thirty days to ninety days. Second by Mark Lawley. Motion carried.
The Chair asked Ms.Cozad,as applicant's representative, if she had read and agreed with the amendments
to the Development Standards and Conditions of Approval. Ms. Cozad replied she did.
Mark Lawley moved that Case USR-1637, be approved with the amended Development Standards and
Conditions of Approval with the Planning Commission's recommendation of approval. Robert Grand
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand,yes;Mark Lawley,yes;Tom Holton,yes;Doug Ochsner,yes. Motion carried.
CASE NUMBER: USR-1640
APPLICANT: Mario Calderon
•
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot A and B of RE-2914; Part of the NW4 of Section 5, Ti N, R67W of the
6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development plan and Special Use Permit for any use
permitted as a Use by Right, an ACCESSORY USE, or a Use by Special
Review in the COMMERCIAL or Industrial Zone Districts (Construction
Business & RV Storage), provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivision in the (A)
Agricultural Zone District.
LOCATION: East of and adjacent to CR 15 and'/: mile south of State Highway 52.
Roger Caruso, Department of Planning, said this is a Site Specific Development Plan and a Special Use
Permit for any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the
COMMERCIAL or industrial zone districts, provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision
plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivision in the (A)
Agricultural Zone District.
The sign announcing the Planning Commission hearing was posted December 5, 2007 by Planning Staff.
The site is located Yz mile south of State Highway 52 and east of and adjacent to CR 15;directly to the West
lays the City of Dacono.
The surrounding property to the north, south and east are primarily agricultural with single-family homes. The
Weld County Board of County Commissioners approved a vehicle storage and delivery business, USR-1131Ilk
directly to the north; oil and gas facilities are scattered to the north, south and east. There are seventy-si
property owners within five hundred feet of the property in questions and the closest home is roughly eigh *
feet to the west;the Department of Planning Services has received signatures from thirty surrounding prope TAO
.
owners recommending approval of the application. The memo and attachments provided to the Planning 5 :
15 .,
nom:
Commission include the signatures along with a letter from the applicant's representative to the City of Dacono
• attempting to mitigate any concerns the municipality may have along with a memo from the City of Dacono
dated January 14, 2008 which states "If the Weld County Commission approves USR-1640 over the
objections of the City of Dacono, the conditions as set forth in the Weld County staff report are acceptable."
The referral from the City of Dacono November 29,2007 states that the property is located within the Dacono
planning area and designated as medium density residential in the City's Comprehensive Plan and is not
compatible with their long range goals.
The Intergovernmental Agreement with the City of Dacono,as described in Section 19,and more specifically
Section 19-2-60.C.8. states "If a Municipality's objection to or recommendation of disapproval of a
Development proposal is based upon a conflict or incompatibility between proposed uses in the Development
and the Municipality's anticipated zoning classification for the property, the COUNTY will not approve same
unless, in the County's judgment: a) such conflict or incompatibility is unlikely to occur; b) that suitable
mitigation measures to be imposed by the COUNTY as condition of approval will eliminate or adequately
mitigate adverse consequences of incompatibility or conflict or c) the Municipality's anticipated zoning
classification of the property is unreasonable because of existing uses of adjacent property. The
MUNICIPALITY shall be given notice of,and may appear and be heard at any hearing or other proceeding at
which the COUNTY will consider such issues." Planning staff from the City of Dacono are not present today.
The property is currently in violation due to the operation of a Concrete business without the appropriate
Special Use Permit. The violation has not yet been presented to the Board of County Commissioners through
a Violation hearing; approval of this Use by Special Review will remediate the violation.
Fifteen referral agencies reviewed this case. Ten responded favorably or included conditions that have been
addressed through development standards and conditions of approval.
• The Department of Planning Services is recommending denial of this application based solely on the
Intergovernmental Agreement with the City of Dacono and Staffs determination that a denial of the application
is required. However, if the Planning Commission recommends approval, the Conditions of Approval and
Development Standards will ensure the site is compatible with the existing surrounding land uses. Staff would
like to add a Condition of Approval and change the request. The Condition of Approval, prior to recording,
would be that the mobile home located on site shall be removed. Written evidence or removal shall be
submitted to the Weld County Department of Planning Services and also the applicant has amended his
application to remove the RV storage business.
Doug Ocshner asked for clarification that the RV request had been removed from this application. Mr.Caruso
said that was correct and the application now is only for the concrete business.
Robert Grand inquired how long the concrete business been there. Mr.Caruso replied that he believed since
2002, five or six years. This was not a complaint based violation. One of our Zoning Compliance Officers
drove past the site and saw the business and mobile home on the site. Tom Holton said that with a lot of the
other IGA's we have with other cities citizens have to go through the annexation process and then six months
later come through the County and is that any different for Dacono. Mr. Caruso said citizens are required to
have an annexation agreement or attempt to get one from the municipality, per item 1.B.
Nick Berryman asked if it was still Staff's recommendation for denial. Mr. Caruso said that with the IGA we
have historically recommended denial and we should in this case as well because it is their Comprehensive
Plan.
Doug Ochsner asked if the applicant was still requesting Lot B, originally intended for the RV storage, be
created into two parcels. Mr. Caruso replied that the applicant has submitted a recorded exemption
application and paid the fee. It has been administratively approved and at this time they would like to continue
their business but they will not have commercial development on the new lot.
• The Carroll Group LTD, PO Box 886, Brighton, CO 80601, applicant's representative, said the violation
occurred March, 2007 and thought he could comply by submitting the USR application and paying the fee.
Staff advised Mr. Calderon at the time of his application that he should ask for whatever change of use he
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might want for the adjacent parcel. In December, 2007, Mr. Calderon decided to remove the RV storage lot
• request from the application so only the existing concrete business is at issue. The previous property owner
lived in a home on the property and also used the property commercially. Mr. Calderon did not realize he
could not do the same. They met with Dacono's manager and because of their Comprehensive Plan which
designates this area for medium density housing, Dacono was recommending denial. There is oil and gas
development in the area, commercial development to the north, as well as high voltage transmission lines.
They have polled neighbors(approximately thirty)and none of those responding expressed any opposition.
The applicant's representative felt they have shown the business is not a detriment to area;they have tried to
mitigate the situation with the County;have proven Section 19-2-60.8.showing that it is not detrimental to the
area; and asked for approval with the condition that Mr. Calderon can continue his business.
Tom Holton asked if they had approached Dacono for annexation as commercial. The applicant's
representative said they did and Dacono was not interested as they did not have any services they could
provide at this time.
Mark Lawley asked again about annexation as nothing in the information indicates that. The applicant's
representative said they approached Dacono. Mr. Calderon went to Dacono to seek annexation and they
declined. Obtaining an annexation agreement would be different criteria for a later date.
Doug Ochsner asked if they must be denied annexation before they come to the County. Mr.Caruso said that
with the IGA with Dacono, they get a say in the process. The County fills out a Notice of Inquiry to Dacono
and Mr. Calderon did do that. It states Dacono was not interested and that Mr. Calderon should proceed
through Weld County.
Bruce Barker, County Attorney, said the Dacono agreement was the first of the IGA's and we had a
requirement they come back to Weld County with an annexation agreement,hence the Condition of Approval
that requires that to take place. The problem is that if Dacono says no,that condition may be a very easy one
to do just if they send a letter back refusing to annex the property.
•
Robert Grand asked if Staff has documentation regarding the annexation. Mr.Caruso said they do and read
the letter into record.
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 Public Works if they had any concerns to address. They did not.
Pam Smith, Environmental Health, said their Development Standards and Conditions of Approval would
remain as they are.
Doug Ochsner asked if removing the RV component changed the application. Mr.Caruso responded that he
had removed references to the RV storage; Environmental Health conditions three through thirteen apply;and
he could not speak for Public Works.
Nick Berryman asked if the conditions would apply to the current concrete business. Mr. Caruso said they
would.
Tom Holton inquired if CR 15 belongs to Dacono and if that would affect Weld County.
Don Carroll, Public Works Department, said: CR 15 is a local paved road;with sixty feet of right of way;the
road is maintained by Dacono with a half and half annexation;west half Dacono and east half is Weld County.
Public Works does not like to have that happen but this is how it is in this instance. Mr.Carroll said that prior
to recording the plat,or item 1.D.,and in addressing the RV storage facility,he realized some changes needed
to be made and voiced concerns that are not in the Conditions of Approval or Development Standards. Mr.
• Carroll was asking, that with the existing house and proposed new building and new circle drive, for one
access per legal parcel, as they can improve the existing access and not create additional accesses.
Drainage was also a concern.
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Tom Holton asked how to proceed with the changes. Mr. Carroll reviewed his suggested changes per his
• December 6, 2007 memo: maintenance of CR 15;status of CR 15;recommending one access to the facility
per legal parcel; and a drainage element.
Doug Ochsner asked if they could leave it as is and say to"address the concerns in the December 6, 2007
memo". Mr.Carroll suggested item 1.D.read,"The applicant shall address the requirements(concerns)of the
Weld County Department of Public Works, as stated in the referral response dated December 6, 2007 that
relate to Lot A of RE-2914. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services."
Tom Holton motioned to amend item 1.D.to read,"The applicant shall address the requirements(concerns)of
the Weld County Department of Public Works,as stated in the referral response dated December 6,2007 that
relate to Lot A of RE-2914. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services." Second by Robert Grand. Motion carried.
Pam Smith, Environmental Health, suggested replacement language for item 4 A&B:
"In the event the applicant intends to utilize the existing septic system at the home, for employee use, 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. 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."
Robert Grand motioned to delete item 4.A.and 4.B and replace it with a new item 4.A.,re-letter accordingly,to
read,"In the event the applicant intends to utilize the existing septic system at the home,for employee use,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. 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." Second by Tom
Holton. Motion carried.
Mr.Caruso said prior to item 1.which reads,"The Department of Planning Services'staff recommendation for
approval is conditional upon the following:"can be stricken.
Nick Berryman motioned to strike the sentence located prior to item 1.A., "The Department of Planning
Services' staff recommendation for approval is conditional upon the following". Second by Tom Holton.
Motion carried.
Mark Lawley asked if Dacono had already indicated they were not interested in annexation,why was there a
Condition of Approval that indicates an annexation agreement is needed? Mr. Caruso replied that the IGA
specifically requires it. Bruce Barker interjected that in Section 19-2-60.C.2., requires it as a condition of
approval of any USR, that there be an executed annexation agreement between the applicant and the
municipality which requires the owner to annex etc. so that condition should be included. Planning should
contact Dacono again as to the referral we received from them regarding annexation and if it is still correct we
would consider that condition has been met.
Mark Lawley motioned to add the words,"or the municipality states in writing that it does not intend to annex
the property". Second by Tom Holton. Motion carried.
The Chair asked the applicant's representative if they had read and agreed with the amended Development
Standards and Conditions of Approval. The applicant's representative said they were in agreement and
would like to reiterate it is only the property owner and his immediate family that are on the site. There are no
• employees unless they are riding with the owner to a job site. No employees park or remain on the site.
Tom Holton asked if that was in the Development Standards and might make a difference as far as the septic
requirements.
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• Mr.Caruso said if there were employees on site there would be septic requirements.We also have a condition
requiring eighteen parking spaces for equipment,residents of the single family home and employees. Tom
Holton said development standard twenty-five stated eight employees,but if none are on site the parking could
be reduced. Mr. Caruso said Staff would agree to reduce parking to ten spaces.
Pam Smith said if no employees are on the site,then that restricts business for the life of the USR. She also
expressed concern about providing restroom facilities for the employees. Do they really want to reduce
parking as it is restrictive to the operation of a business. Mr.Caruso suggested they leave the parking as is.
Tom Holton moved that amended Case USR-1640, be forwarded to the Board of County Commissioners
along with the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval. Robert Grand seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Robert Grand,yes; Mark Lawley,yes;Tom Holton,yes; Doug Ochsner,yes. Motion carried.
Mark Lawley cited Section 19-2-60.C.2.regarding the attempt for an annexation agreement shall occur for his
vote.
Tom Holton cited Section 23-2-220 for his vote.
Doug Ochsner cited Section 19-2-60.8. regarding a municipality's objection to or a recommendation of
disapproval of a Development proposal is based upon a conflict or incompatibility between proposed etc.
Meeting adjourned at 6:23
• Respectfully submitted,
101A-Li‘ tH 1\1\
Donita May
Secretary
•
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