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HomeMy WebLinkAbout20071523.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-1591 APPLICANT: Gib Smith PLANNER: Michelle Martin LEGAL DESCRIPTION: Part E2 of the NE4 of Section 7, T2N, R66W' of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (outdoor storage for trucks, trailers, recreational vehicles, boats and equipment) in the A (Agricultural)Zone District. LOCATION: North of and adjacent to CR 22.5 and east of and adjacent to CR 25.5. 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 Weld County 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. Section 23-3-40.R of the Weld County Code provides for a Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, (outdoor storage for trucks, trailers, recreational vehicles, boats, and equipment) in the A(Agricultural) Zone District. Currently the property is in violation (VI- 0600412) for the presence of multiple pieces of commercial equipment and vehicles without an approved and recorded Use by Special Review permit (USR). If the USR is approved the violation will be closed. If denied, staff would request that thirty (30) days be allowed for all commercial equipment and vehicles to be completely removed from the property before proceeding with legal action in District Court. C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent property to the north has a Use by Special Review (USR-911)for tractor and farm implement sales. The property to the south was approved by the Board of County Commissioners on 12/27/06 for a Use by Special Review (USR-1564)for an auction yard. State Highway 85 borders the property on the east. The property to the west is primarily agricultural with a few residences. The Department of Planning Services has not received any letters from the surrounding property owners. The Development Standards and Conditions of Approval will ensure = compatibility with adjacent properties and the character of the area. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other �� applicable code provisions or ordinances in effect, or the adopted Master Plans of 2007-1523 Resolution USR-1591 Gib Smith Page 2 affected municipalities. The subject property lies within the three mile referral area of the Town of Platteville and the City of Fort Lupton. The Town of Platteville in their referral dated 12/13/06 stated that if the commercial/industrial oriented use is to be granted, the applicant should not be allowed to build a house on the property. However, section 23-3- 20.A of the Weld County Code allows for one (1) single-family dwelling unit and auxiliary quarters per legal lot. The City of Fort Lupton in their referral dated 12/4/06 indicated they have reviewed the request and find no conflicts with their interests. • 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 Prime Irrigated Farmlands of National Importance by the 1979 USDA Soil Conservation Services map. The lot consists of 35 acres and is too small to be a viable farming operation as defined by 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 Weld County 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'on-site sign(s) are desired the Department of Planning Services shall be notified in writing. If the applicant does not notify the Department of Planning Services, the sign shall adhere to Section 23-4-90.A and .B of the Weld County Code. Furthermore, the location of the sign, if applicable, shall be delineated on the USR plat. (Department of Planning Services) B. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) C. The applicant shall submit evidence to the Department of Planning Services, from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the commercial use. Evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment, Department of Planning Services & Division of Water Resources) 2 Resolution USR-1591 Gib Smith Page 3 D. The applicant shall submit a Landscaping/Screening Plan to the Weld County Department of Planning Services for review. The plan shall include a list of landscaping materials and their size. (Department of Planning Services) E. The applicant shall address the remaining conditions for RE-4015 and record the plat. (Department of Planning Services) 2. Prior to recording the plat: A. All sheets of the plat shall be labeled USR-1591. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The approved Landscape/Screening Plan. The applicant shall delineate a plant list to coincide with the Landscape Plan. The list shall include how the plants will be maintained and irrigated. All landscaping shall be removed from County Road right-of-way. (Department of Planning Services) 3) County Roads 22.5 and 25.5 are 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. The plat shall delineate the existing right-of-way and the documents which created it along with any additional right-of-way required. (Department of Public Works) 4) State Highway 85 requires 200 feet right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of State Highway 85 shall be delineated future right-of-way for the expansion of State Highway 85. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. The plat shall delineate the existing right-of- way and the documents which created it along with any additional right-of-way required. (Colorado Department of Transportation) 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. Each paved parking space shall be equipped with wheel guards or curb stops where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, or plantings. (Department of Public Works) 6) This facility shall adhere to the number of on-site parking spaces indicated in Appendix 23-B of the Weld County Code. The total number of on-site parking for this facility shall be fifty-one (36) spaces, of which two (2) shall be a van accessible handicapped parking stall meeting all of the requirements as set forth in the Americans with Disabilities Act. Further, the applicant shall delineate curb stops for the parking spaces shown on the USR plat. (Department of Planning Services and Public Works) 7) The applicant shall address and adhere to the American with Disabilities Act and ADA standards for this facility at all times. Non-ambulatory/ambulatory parking spaces shall be identified and shown on the plat. This site will be required to meet all requirements of the Americans with Disabilities Act. At least one space must be van accessible. The parking spaces must be the closest possible to the entrance. Signing will be required. Curb cuts, ramps and other methods of providing accessibility shall be required to reasonably attempt to meet the 3 Resolution USR-1591 Gib Smith Page 4 requirements of this Act. Should the applicant elect to not adhere to the previously discussed Federal Standards, this office requests that the applicant outline how their proposed site design mitigates the requirements of the American's with Disabilities Act. (Department of Planning Services) 8) Any approved signs, if applicable. (Department of Planning Services) 9) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 10) The applicant shall delineate the trash collection areas. 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) 11) The applicant shall delineate all onsite lighting. Section 23-3-360.F of the Weld County Code, addressing the issue of on-site lighting, including security lighting if applicable, 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) C. The applicant shall address the requirements (concerns) of the Weld County Planning, Landscape as stated in the referral response dated 12/4/06. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 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 attempt to address the requirements (concerns) of the Town of Platteville, as stated in the referral response dated 12/15/06. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Greater Brighton Fire Protection District) F. The applicant shall attempt to address the requirements (concerns) of the Weld County Ambulance Services as stated in the referra response dated 11/27/06. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Greater Brighton Fire Protection District) G. The applicant shall address the requirements (concerns) of the Weld County Building Inspection in regards to the change of use permit, as stated in the referral response dated 12/13/06 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) H. 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) 4 Resolution USR-1591 Gib Smith Page 5 I. An individual sewage disposal system is required for the metal shop building and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) J. 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 the cargo container. (Department of Planning Services) K. 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) L. 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. Prior to Construction: A. 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) 4. Prior to issuance of the Certificate of Occupancy: A. Any building plans shall be submitted to the fire district for approval. (Platteville/Gilcrest Fire Protection District) B. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 5. 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) 6. 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 5 Resolution USR-1591 Gib Smith Page 6 format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services) 7. 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) 8. 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) 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Gib Smith USR-1591 1. A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, (outdoor storage for trucks, trailers, recreational vehicles, boats, and equipment) 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. The applicant shall operate in accordance with the approved"waste handling plan". (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 10. Sewage disposal for the metal shop building shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 12. 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 and Environment) 13. 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) 14. 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) 15. 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) 16. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 17. As indicated by the application material the hours of operation will be limited to 6:00 am -6:30 pm Monday - Saturday. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or to the repair and maintenance facilities located on the property. (Department of Planning Services) 18. The number of employees for the business shall be limited to five (5) persons as stated in the application. (Department of Planning Services) 19. All vehicles located on the property must be operational and with current license plates and tags. (Department of Planning Services) 20. 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) 21. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services) 22. 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. (Department of Building Inspection) 23. A plan review must be approved and a permit must be issued prior to the start of construction on the site. (Department of Building Inspection) 24. The new building shall conform to the requirements of the 2003 International Building Codes and the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 25. 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). (Department of Building Inspection) 26. Any building plans shall be submitted to the Platteville/Gilcrest Fire District fire protection district for approval. (Department of Building Inspection) 27. On-site lighting, including security lighting if applicable shall maintain compliance with Section 23-3- 250.8.6 of the Weld County Code. (Department of Planning Services) 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 30. 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. 31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing 8 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. 32. 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 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, 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 February 20, 2007. Dated the 20th day of February, 2007. Donita May Jl Secretary s 2. CASE NUMBER: USR-1591 APPLICANT: Gib Smith PLANNER: Michelle Martin LEGAL DESCRIPTION: Part E2 of the NE4 of Section 7, T2N, R66W' of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts (out door storage for trucks, trailers, recreational vehicles, boats and equipment) in the A(Agricultural)Zone District. LOCATION: North of and adjacent to CR 22,5 and east of and adjacent to CR 25.5. Michelle Martin, Department of Planning Services, said they were requesting this item remain on the Consent Agenda. As there was no one in the audience wishing to speak regarding Case USR-1591, the Chair asked if there was a motion on the floor. Doug Ochsner moved that Case USR-1588 and Case USR-1591 on the Consent Agenda,be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Bruce Fitzgerald seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul Branham,yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton,yes; Mark Lawley,yes;Roy Spitzer,yes; Doug Ochsner, yes; Chad Auer, yes. Motion carried unanimously. HEARING ITEMS 3. CASE NUMBER: 2007-XX APPLICANT: Weld County/Town of Hudson PLANNER: Brad Mueller/Bruce Fitzgerald Barker LEGAL DESCRIPTION: Various Sections (Town of Hudson), Weld County, Colorado. REQUEST: Amendment to Hudson/Weld Coordinated Planning Agreement (Intergovernmental Agreement). LOCATION: Various Sections, Weld County, Colorado. Brad Mueller, Department of Planning Services, briefly described the request by the Town of Hudson and said Hudson had recently received a couple of annexation requests, one for a prison located to the northwest and another for a business to be located to the southwest along 1-76. The change requested by Hudson to the IGA (Inter Governmental Agreement) between Hudson and Weld County modifies the boundaries shown in the current Code. Presently Weld County and Hudson enjoy an IGA that defines a couple of areas; one of which presently defined a UGB (Urban Growth Boundary) and said lands inside those areas were generally encouraged for urban development and the County would discourage non- urban levels of development and refer those to Hudson for annexation consideration. Beyond that line was another area that encouraged non urban development. The change could be characterized as a technical amendment. Those areas included a half section almost due north of Hudson in Section 26 and a small section southwest within the Town limits in Section 21 just to the west of 1-76. Department of Planning Service's staff was recommending approval. Bruce Barker, County Attorney, added that whenever they have had requests for an amendment, they usually amend the agreement already in place, then both entities would sign off, and finally the Code would be modified. Both processes were occurring with this application at once; the approval by the Board of County Commissioners, and the changes being made to the Code. The changes to the Code would be only to the map and the appendix would show a new map that would include the new areas recently annexed. EXHIBIT I . s.; 4 Hello