HomeMy WebLinkAbout20070747.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Bruce Fitzgerald 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-1589
APPLICANT: Roland & Theresa Wagner
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-501; being part of the NW4 of Section 21, Ti N, 65W of the
6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Home
Business (building portable livestock shelters) in the A (Agricultural)Zone
District.
LOCATION: East of and adjacent to CR 41 and south of CR 8.
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 22-2-60 (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."
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 region.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Currently the property is in violation (VI-0200002)for
operating a portable building construction business on the property without an approved
and recorded Use by Special Review(USR). Upon approval of the USR the violation will
be closed. Section 23-3-40.O of the Weld County Code provides for a business permitted
as a Site Specific Development Plan and a Special Review Permit for a Home Business
(building portable livestock shelters) 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 surrounding property to the north, south, east and
west is primarily agricultural with a few homes in the area, the closest home is
approximately 60 feet to the south of the property line. The Development Standards and
Conditions of Approval will ensure compatibility with adjacent properties. The Department
of Planning Services has not received any letters from surrounding property owners.
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 subject property lies within the three mile referral area of the
Adams County and the Towns of Hudson and Lochbuie. The Town of Hudson and
EXHIBIT
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2007-0747 .
Resolution USR-1589
Roland & Theresa Wagner
Page 2
the request and find no conflicts with their interests. The Weld County Department of
Adams County in their referral dated 11/8/06 and 11/22/06 indicated they have reviewed
Planning Services has not received a referral from the Town of Lochbuie.
E. Section 23-2-220.A.5 --The application complies with Section 23-5 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 subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of
Planning Services)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The subject site is
designated Irrigated Land (not prime) by the 1979 USDA Soil Conservation Services map.
The lot consists of 4.82 acres and is too small to be a viable farming operation in
accordance with Section 22-2-60.1 of the Weld County Code.
G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
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 scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired the
Department of Planning Services shall be notified in writing. If the applicant does not
notified the Department of Planning Services the sign shall adhere to Article IV Division 2
of the Weld County Code. Further, the location of the sign, if applicable shall be
delineated on the USR plat. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1589. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
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Resolution USR-1589
Roland &Theresa Wagner
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4) County Road 41 is classified by the County as a local gravel road, which requires 60 feet of right-
of-way at full build out. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created it along with any additional
right-of-way reservation required. (Department of Public Works)
5) The off-street parking spaces including the access drive shall be surfaced with asphalt, concrete,
or the equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
6) The applicant shall delineate the two existing accesses into the site from County Road 41. The
north access shall be labeled residential access and the south access shall be labeled business
access. (Department of Planning Services)
7) Any approved signs, if applicable. (Department of Planning Services
8) Section 23-3-350.H 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)
9) Section 23-3-360.F of the Weld County Code addresses the issue of on-site lighting, including
security lighting if applicable. This section states "any lighting ... shall be designed, located and
operated in such a manner as to meet the following standards: sources of light shall be shielded
so that beams or rays of light will not shine directly onto adjacent properties...." (Department of
Planning Services)
B. The applicant shall address the requirements (concerns) of the Weld County
Planning/Landscape referral as stated in the referral response dated 11/9/06. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
C. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of such shall be submitted to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
D. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required improvements.
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. The improvements
agreement will not be needed if the necessary improvements are done to the satisfaction
of the Department of Public Works and the Department of Planning Services.
(Department of Planning Services)
E. The applicant shall submit a change of use building permit to the Weld County
Department of Building Inspection for the structures in which the present use has
changed from the permitted use. (Weld County Department of Building Inspection)
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Resolution USR-1589
Roland &Theresa Wagner
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F. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard (scrap metal,
port-a-potty, heavy equipment, and other materials) must also be removed from the
property or screened from adjacent properties and public rights-of-way. Evidence of such
shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
G. The applicant shall complete and submit the appropriate zoning and building permit
applications and pay the appropriate fees to the Weld County Department of Planning
Services for one of the semi trailers and remove the other two or remove all three.
Evidence of such shall be submitted to the Weld County Department of Planning
Services. (Department of Planning Services)
H. 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 Department of Public Health and Environment approval 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)
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)
3. Upon completion of 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 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)
4. 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(cco.weld.co.us. (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)
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Resolution USR-1589
Roland &Theresa Wagner
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6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Board of County
Commissioners resolution was signed a $50.00 recording continuance charge may be added for
each additional 3 month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Roland and Theresa Wagner
USR-1589
1. A Site Specific Development Plan and a Special Review Permit for a Home Business (building
portable livestock shelters) 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment)
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8. Adequate handwashing and toilet facilities shall be provided. The restroom facilities located in the
residence shall be used. (Department of Public Health and Environment)
9. 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 (Septic Permit#G19920158). (Department of Public Health and Environment)
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Well
permit# 169485). (Department of Public Health and Environment)
11. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and Weld County Code. (Department of Public Health and Environment)
12. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
13. 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)
14. 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)
15. The property shall comply with the definition of a home business as defined in Section 23-1-90 of the
Weld County Code.
An incidental use to the principal permitted use for gainful employment of the family residing on
the property, where:
a. Such use is conducted primarily within a dwelling unit or accessory structure and principally
carried on by the family resident therein.
b. Such use is clearly incidental and secondary to the principal permitted use and shall not change
the character thereof.
16. As indicated by the application materials, the hours of operation will be limited to 9:00 am -4:00
pm Monday- Saturday. (Department of Planning Services)
17. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
will reasonably preserve the natural character of the area and not prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
18. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning
Services)
19. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A geotechnical engineering report preformed by a registered State
of Colorado engineer shall be required. (Weld County Department of Building Inspection)
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20. A plan review must be approved and a permit must be issued prior to the start of construction on
site. (Weld County Department of Building Inspection)
21. Setback and offset distances shall be determined by the 2003 International Building Codes and
Chapter 23 of the Weld County Code (Offset and setback distances are measured from the
farthest projection from the structure). (Weld County Department of Building Inspection)
22. Any building plans shall be submitted to the Hudson fire protection district for approval. (Weld
County Department of Building Inspection)
23. On-site lighting, including security lighting, if applicable, shall maintain compliance with Section
23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
26. 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.
27. 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.
28. 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.
Motion seconded by Doug Ochsner Ochsner.
VOTE:
For Passage Against Passage Absent
Chad Auer—Chair
Doug Ochsner—Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
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 16,2007.
Dated the
e116thoff January, 2007.
1O �� I v6
Donita May
Secretary
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1 /4>
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 16, 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, Chad
Auer, at 1:30 p.m.
T .
ROLL CALL ABSENT -
•
Chad Auer- Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
Also Present: Bruce Barker, Michelle Martin, Don Carroll, Char Davis, Donita May.
The summary of the last regular meeting of the Weld County Planning Commission held on January 2,2007,
was approved as read. Bruce Fitzgerald motioned to approve the minutes. Tom Holton seconded.
The Chair said USR-1589 was scheduled for the consent agenda and asked if there was anyone in the
audience who wished to speak for or against this application. No one wished to speak.
"' 1. CASE NUMBER: USR-1589
APPLICANT: Roland &Theresa Wagner
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-501; being part of the NW4 of Section 21, Ti N,
65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
a Home Business (building portable livestock shelters) in the A
(Agricultural) Zone District.
LOCATION: East of and adjacent to CR 41 and south of CR 8.
Bruce Fitzgerald moved to approve the consent agenda, including Case USR-1589, and be forwarded to the
Board of County Commissioners along with the Conditions of Approval and Development Standards with the
Planning Commissions recommendation of approval. Doug Ochsner seconded the motion. Motion carried.
2. CASE NUMBER: USR-1588; to include SUP-314, SUP-317, SUP-360, USR-707 &
AmUSR-707.
APPLICANT: Duke Energy Field Services
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SW4 of Section 34 and part SE4 Section 33, T2N, R67W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for
a Mineral Resource Development Facility including a Natural Gas
Processing Facility in the A (Agricultural)Zone District and any
use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone District
(Truck Terminal and Truck Transport Facility).
LOCATION: North of and adjacent to CR 14 and east and west of and
adjacent to CR 19.
EXHIBIT
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