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HomeMy WebLinkAbout20070248.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Doug Ochsner, 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-1584 APPLICANT: Garrand Family Limited Partnership LLLP PLANNER: Brad Mueller LEGAL DESCRIPTION: SW4 of Section 18, T5N, 67W 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 Industrial Zone District (construction business with two shop buildings, an office and outdoor storage) in the A (Agricultural) Zone District LOCATION: East of and adjacent to CR 13; % mile south of Hwy 34. 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. The request complies with Section 23-2-220.A.1 of the Weld County Code, that the proposal is consistent with Chapter 22 of [the] Code and any other applicable code provisions or ordinance in effect. Some relevant sections included the following: A. Section 22-2-60 (A.Goal 4) -- 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. Application materials indicate that the site can support the proposed use. Conditions of Approval and Development Standards ensure that a reasonable attempt will be made to be compatible with the area. B. Section 22-2-170.C (C.Goal 3) — Address the compatibility of commercial land uses with adjacent land uses. The applicant proposes significant screening and landscaping of the site to mitigate its impact and ensure compatibility with the adjacent uses. The eastern portion of the property wild remain available for agricultural uses, so impacts to surrounding property owners to the east will be minimal. 3. Section 23-2-220.A.2 -- The proposal is consistent with the intent of the district in which the use is located. The subject property is zoned Agricultural. Commercial and industrial uses of all types are supported within the Agricultural Zone District as Uses by Special Review, as noted by Section 23-3-40.R as follows: "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 or part of a map or plan filed prior to adoption of any regulations controlling subdivisions." 4. Section 23-2-220.A.3 -- The uses which would be permitted will be compatible with the existing surrounding land uses. Surrounding uses include agriculture with associated As housing and support facilities, with the closest residence located immediately adjacent to the north along County Road 13. The Indianhead Subdivision is located approximately �. one-half mile to the northeast. The zoning surrounding the site is Agricultural; land to the Do west of the site is located within Larimer County. The site is located approximately one- m half mile south of Highway 34, and the applicant is proposing to pave the section of road =x from the highway to the site. Conditions of approval and the proposed Special Review W l Permit Plan Map will ensure that the proposed use is limited to the western half of the property and remains compatible with surrounding uses. 2007-0248 airs Resolution USR-1584 Gerrand Family Page 2 5. 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 proposed use is compatible with the area as discussed above and is permitted within the existing Agricultural Zone District. The subject property is located within the three-mile referral area of the Towns of Johnstown and Windsor and the City of Greeley, as well as Larimer County. Only the City of Greeley provided referral comments, which reiterate comments of other referral agencies about landscaping and outdoor storage. No comments were received from the Town of Johnstown or Larimer County, and the Town of Windsor indicated no concerns with the application. The site does not lie within any Intergovernmental Agreement(IGA) boundaries. 6. Section 23-2-220.A.5 -- The application complies with Article V of this Chapter[Overlay Districts] of the Weld County Code. 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 proposed lots 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) 7. Section 23-2-220.A.6 — That if the use is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime farmland. Approximately 18 acres of the 41-acre lot will be used for the construction business; the remainder will continue to be used for agricultural purposes. The USDA Soil Map indicates the entire site is located on prime (irrigated)farmland. 8. Section 23-2-220.A.7— There is adequate provision for protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2- 250, Weld County Code), proposed Conditions of Approval, and Development Standards will 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 made conditional upon the following: 1. Prior to scheduling the Board of County Commissioners hearing: A. The applicant has not indicated any lighting on the site. If lighting is proposed or existing on site it shall be noted on the Site Plan. The applicant shall adhere to the lighting standards, in accordance with Section 23-2-160.U.6 and Section 23-3- 250.B.6 of the Weld County Code. (Department of Planning Services) B. The applicant has not delineated any on-site signs. If an on-site sign is desired, the sign shall adhere to Section 23-4-60 of the Weld County Code. One identification sign per public and quasi-public uses shall be allowed, provided that the sign does not exceed sixteen (16) square feet. Further, the location of the sign, if applicable, shall be delineated on the Plan Map. (Department of Planning Services) 2. Prior to recording the Special Review Permit Plan Map, the following shall be addressed, with: Resolution USR-1584 Gerrand Family Page 3 A. The applicant shall have in place, with K.P. Kauffman Company, Inc. and its lessees, an agreement for the compatible development for the surface estate and oil and gas estates, or they shall provide evidence of an adequate attempt to reach such agreement. (Department of Planning Services) B. The applicant shall submit a dust abatement plan for review and approval, to the Weld County Department of Public Health & Environment. Written evidence of completion shall be provided to the Department of Planning Services. (Department of Public Health and Environment) C. The applicant shall provide a detailed design and operation plan for the area used for equipment or vehicle washing. The washing area shall be designed and constructed to capture all effluent and prevent any discharges in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Written evidence of completion shall be provided to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall submit evidence of an Above-ground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. Written evidence of completion shall be provided to the Department of Planning Services. (Department of Public Health and Environment) E. 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. Written evidence of completion shall be provided 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). F. The applicant is indicating on the plat paving County Road 13 to U.S. Highway 34. The applicant shall enter into an Off-Site Road Improvements Agreement with the Weld County Department of Public Works for the upgrade and paving of CR 13. Written evidence of completion shall be provided to the Department of Planning Services. (Department of Public Works) G. The applicant shall attempt to address the concerns (issues) of the City of Greeley, as indicated in their referral comments dated October 30, 2006. (City of Greeley) H. The applicant shall submit items requested by the Johnstown Fire Protection District in their referral dated November 2, 2006, and attempt to address any concerns (issues)that they identify. (Johnstown Fire Protection District) I. The Special Review Permit Plan Map shall be amended as follows: 1) All sheets of the plan map shall be labeled USR-1584. (Department of Planning Services) 2) The plan map shall meet all requirements as listed in Section 23-2-260.D of the Weld County Code. (Department of Planning Services) Resolution USR-1584 Gerrand Family Page 4 3) The plan map shall include the attached Development Standards. (Department of Planning Services) 4) All items concerning parking spaces, setbacks/offsets, screening and landscaping as identified in the landscape referral comments dated October 6, 2006, shall be reflected on the map. (Department of Planning Services — Landscaping) 5) Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 6) County Road 13 is designated on the Weld County Road Classification Plan as a Strategic Roadway, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 13 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right- of-way and the documents creating the right-of-way. This road is maintained by Weld County. (Department of Public Works) 7) The off-street parking spaces including access drive shall be surfaced with asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems. The paved parking area shall be provided to meet the requirements of employees, company vehicles, visitors, and customers adjacent to the office facility. The remaining portion of the site can be gravel, recycled asphalt, or equivalent to accommodate employees, trucks and equipment parking. (Department of Public Works) 8) Each parking space shall be equipped with wheel guards or curb stops where needed to prevent vehicles from extending beyond the boundaries of the spaces and from coming into contact with other vehicles, walls, fences, or plantings. (Department of Public Works) 9) The paved parking lot shall conform to all standards of the American with Disabilities Act. (Department of Public Works) 10) A total minimum of 69 parking spaces shall be required, as provided for in Appendix 23-B of the Weld County Code. Building 1 is indicated as an office building, requiring 48 spaces. Buildings 2 and 3 are considered warehouses, requiring 19 and 2 spaces, respectively. Additional parking may be required for the fueling station and covered parking once additional information is provided. (Department of Planning Services) J. The applicant shall submit two (2) paper copies of the plan map for preliminary approval to the Weld County Department of Planning Services, prior to recordation. (Department of Planning Services) 3. At least one month prior to construction activities, 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. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) Resolution USR-1584 Gerrand Family Page 5 4. Prior to construction, provide letter of approval and any automatic sprinkler requirements from Johnstown Fire protection District prior to construction of any structure. (Department of Building Inspections) 5. Prior to the issuance of the Certificate of Occupancy (Department of Public Health and Environment): A. An individual sewage disposal system is required for the proposed office and shop buildings and shall be installed according to the Weld County Individual Sewage Disposal Regulations. B. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 6. Upon completion of Items #1 and #2 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 plan map 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) 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 8. 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(Wco.weld.co.us. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Gerrard Family limited Partnership, LLLP USR-1584 1. The Site Specific Development Plan and Special Use Permit is for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial and Industrial Zone Districts (construction business with two shop buildings, an office, and outdoor storage) in the A(Agricultural)Zone District. (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. The total number of employees for all businesses associated with the site shall not exceed forty (40) at any one time. In addition to employee, customer, and delivery vehicles, the number of business truck trips shall be limited to 40 per day, as indicated in the application materials. (Department of Planning Services) 4. Hours of operation shall be limited from 6:30 a.m. to 6:30 p.m., Monday through Saturday. (Department of Planning Services) 5. Landscaping and screening on the site shall be maintained in conformance with the approved Landscape/Screening Plan at all times. (Department of Planning Services) 6. Lighting on the site shall be maintained in conformance with the approved Lighting Plan at all times. (Department of Planning Services) 7. 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 Planning Services) 8. 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) 9. 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 & Environment) 10. 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 & Environment) 11. 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 & Environment) 12. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health & Environment) 13. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health & Environment) Resolution USR-1584 Gerrand Family Page 2 14. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health & Environment) 15. 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 & Environment) 16. 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 & Environment) 17. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health & Environment) 18. Sewage disposal for the development 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 & Environment) 19. The facility shall utilize the existing public water supply. (Little Thompson Water District) (Department of Public Health & Environment) 20. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health & Environment) 21. 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 & Environment) 22. A building permit shall be obtained prior to the construction of structures. (Department of Building Inspection) 23. A plan review is required for each building for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet which is provided by the Weld County Building Department with each Building permit application. (Department of Building Inspection) 24. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 25. All 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) 26. The buildings will be classified as B/S-1 (Office and storage). The shops would be classified S-1 (motor vehicle repair garages not exceeding the amount of hazardous material in Table 307.7(1) of the 2003 International Building Code). Repair garages are required to have an automatic fire sprinkler system when exceeding 12,000 square feet. Fire resistance of walls and openings, construction requirements, maximum building Resolution USR-1584 Gerrand Family Page 3 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) 27. Building height shall be measured in accordance with the 2003 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) 28. Provide letter of approval and any automatic sprinkler requirements from Johnstown Fire protection District prior to construction of any structure. (Department of Building Inspection) 29. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) 30. Effective August 1, 2005, Building Permits issued on the proposed lots 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) 31. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code (as amended). (Department of Planning Services) 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code (as amended). (Department of Planning Services) 34. Personnel from 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) 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. (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. (Department of Planning Services) Resolution USR-1584 Gerrand Family Page 4 Motion seconded by Bruce Fitzgerald VOTE: For Passage: Against Passage Absent Bruce Fitzgerald Chad Auer Tom Holton Doug Ochsner James Welch Erich Ehrlich Roy Spitzer Paul Branham Mark Lawley The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on December 5, 2006. Dated the 5th of December, 2006. OUG..a )Y`aC -L) Voneen Macklin Secretary lO2-S-- 2co(%) SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 5, 2006 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, Chad Auer, at 1:30 p.m. ROLL CALL Erich Ehrlich Roy Spitzer James Welch L Bruce Fitzgerald Chad Auer Doug Ochsner j Tom Holton Paul Branham Mark Lawley Also Present: Brad Mueller, Chris Gathman, Hannah Hippely, Kim Ogle, Don Carroll, Troy Swain The summary of the last regular meeting of the Weld County Planning Commission held on, November 21, and November 7, 2006,was approved as read. The following is on the Consent Agenda: CASE NUMBER: USR-1584 APPLICANT: Garrand Family Limited Partnership LLLP PLANNER: Brad Mueller LEGAL DESCRIPTION: SW4 of Section 18, T5N, 67W 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 Industrial Zone District(construction business with two shop buildings, an office and outdoor storage) in the A(Agricultural)Zone District LOCATION: East of and adjacent to CR 13; 1/2 mile south of Hwy 34. Doug Ochsner moved to approve the consent agenda. Bruce Fitzgerald seconded. Motion carried. CASE NUMBER: 2AmUSR-1282 APPLICANT: John Johnson PLANNER: Chris Gathman LEGAL DESCRIPTION: Lot B of AmRE-499; Lot B of RE-3535; Pt N2 and Pt N2SW4 of Section 1, T6N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Amended Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry. or horticultural services on a fee or contract basis including Livestock Confinement Operations (a livestock feeding operation for a total of 11.240 head of cattle including a dairy operation and 20 horsed amended to include an additional milk parlor. office/.scale house and additional pens) in the A (Agricultural)Zone District. LOCATION: East of and adjacent to CR 47; south of and adjacent to CR 74. Chris Gathman, Department of Planning Services P presented Case 2AmUSR-1282 along with the Development Standards and Conditions of Approval with the Planning Commission recommendation of approval. John Johnson-JF Cattle C/O AGPRO Environmental Services, LLC has applied for a Site Specific e Development Plan and a Special Review Permit for a Livestock Confinement Operation (A Site SpecificI Development Plan and Amended Special Review Permit for an Agricultural Service Establishment primarily m� 'e //jj 1 s4 ask 1:6 1ic io a I-10 2cv 7 F.* A Hello