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Home My WebLink About20073584.tiff RESOLUTION OAF WELD COUNTY PLANNING COMICRSSION Moved by Robert Grand 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-1622 APPLICANT: Robert & Karen Lovewell PLANNER: Michelle Martin LEGAL DESCRIPTION: Part of the S2 SE4 of Section 22, T1 N, R68W 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, (Fence Company) in the A (Agricultural)Zone District. LOCATION: North of and adjacent to CR 6 and west of 1-25. 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. 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, (Fence Company) in the A(Agricultural) Zone District. Currently the property is in violation (ZCV07-01027)for the operation of a Fence Company 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 the case be referred to the county attorney but delay legal action for thirty (30) days in order to give the applicants adequate time to ensure that all commercial operation and vehicles have been removed from the property. 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 is predominantly agricultural and residential land. The property north of and adjacent to the proposed development is currently within the municipal limits of the Town of Erie. The property south of County Road 6 is within the City and County of Broomfield.The surrounding property to the east and west of the property is residential. The Department of Planning Services has received two letters from a surrounding property owner and an employee. The letter from the surrounding property owner dated 9/18/07 indicting they "have never had a problem or a complaint with them." The letter from the employee received 10/5/07 states they have worked for the company for two • «HIBR years and has designated parking in the backyard for the employees and the work area is always kept clean, tidy and clear of debris. The 0 Development Standards and Conditions of Approval will ensure compatibility with adjacent properties and the character of the area. 2007-3584 Resolution USR-1622 • • Robert & Karen Lovewell Page 2 • 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 City of Dacono, Town of Erie,City and County of Broomfield,City of Northglenn,and Adams County. The City and County of Broomfield indicated in their referral dated 8/3/07 they find no conflicts with the proposed development. The Town of Erie in their referral dated 8/28/07 recommends the dedication of County Road 6 right of way. The City of Dacono, City of Northglenn, and Adams County have not responded to the referral request. E. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld County Code. The site lies within the Geologic Hazard Overlay Districts. The applicant will need to adhere to Article V Division 2 of the Weld County Code regarding the Geologic Hazard Overlay District. 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 Irrigate Farmlands of National Importance by the 1979 USDA Soil Conservation Services map. The lot consists of 3 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 Planning Commission's recommendation for approval is conditional upon the following: 1. 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-1622. (Department of Planning Services) • 2) The attached Development Standards. (Department of Planning Services) 3) The approved Landscape/Screening Plan. (Department of Planning Services) Resolution USR-1622 • • Robert& Karen Lovewell Page 3 • 4) County Road 6 is classified by the County as an arterial road, which requires 140 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 future right-of-way required. (Department of Public Works) 5) A forty (40) feet radius is required on all accesses to public roads for accesses designed to accommodate truck traffic.A minimum effective turning radius of forty (40) feet shall be used for accesses intended to accommodate truck traffic. (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 seven (7) spaces, of which one (1) shall be a van accessible handicapped parking stall meeting all of the requirements as set forth in the Americans with Disabilities Act. 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. 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 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) 7) If applicable, the location and diagram of all signs shall be noted on the USR plat in compliance with Article IV Division 2 of the Weld County Code. (Department of Planning Services) 8. Per Section 23-3-250.A.9 of the Weld County Code, "uses involving outdoor storage of vehicles, (including the parking of employees vehicles) equipment or materials when permitted shall be screened from public rights-of-way and all adjacent properties." (Department of Planning Services) B. 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) C. The applicant shall attempt to address the requirements (concerns) of the • Weld County Ambulance Services as stated in the referral response dated 8/22//07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Ambulance Services) Resolution USR-1622 • • Robert& Karen Lovewell Page 4 • D. 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) E. The septic system serving the home 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(2-3 employees).The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) F. 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) a The applicant shall attempt to address the requirements (concerns) of the Weld County Sheriffs Office as stated in the referral response dated 8/27/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Sheriffs Office) H. The applicant shall address the requirements(concerns)of the Weld County Department of Planning Services, Landscape referral as stated in the referral response dated 7/31/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements(concerns)of the Weld County Department of Building Inspection as stated in the referral response dated 10/1/07. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) J. 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) Resolution USR-1622 • • Robert& Karen Lovewell Page 5 • K. 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. (Department of Planning Services) L. The applicants shall apply a building permit for a change of use for the 13' X 36' Shed on the east side of the property. Evidence of such shall be submitted to the Weld County Planning Department. (Department of Planning Services) M. The applicant shall apply for a Nonconforming structure application for the 13'X 36'Shed on the east side of the property or provide surveyed evidence that the structure meets the required offsets. Evidence of such shall be submitted to the Weld County Planning Department. (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) 2. 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) • 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 maps(@.co.weld.co.us. (Department of Planning Services) 4. 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) 5. 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) • SIIPSPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Robert and Karen Lovewell • USR-1622 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, (Fence Company) 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, 3020100.5,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 Residential Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 9. Adequate toilet and handwashing facilities shall be provided for employees. The employees shall be allowed to use the toilet facilities located in the residence. (Department of Public Health and Environment) 10. Sewage disposal for the facilitiy 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. The facility shall utilize the existing public water supply. (Left Hand Water District) (Department of Public Health and Environment) 12. 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) 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 Landscape/Screening on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) • 16. The hours of operation will be limited to 7:00 AM - 7:00 PM, Monday through Saturday. (Department of Planning Services) 17. The number of employees for the business shall be limited to five (5) people. (Department of Planning Services) 18. All vehicles located on the property must be operational and with current license plates and tags. (Department of Planning Services) 19. All material and equipment shall be stored in an enclosed structure or fenced area. (Department of Planning Services) 20. 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) 21. 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) 22. 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) 23. 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) 24. Building plans shall be submitted to the Mountain View Fire District for approval. (Department of Building Inspection) 25. 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) 26. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 28. 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. 29. 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. 30. 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 Mark Lawley. VOTE: • For Passage Against Passage Absent Doug Ochsner- Chair Tom Holton -Vice Chair Paul Branham Erich Ehrlich Robert Grand Bill Hall Mark Lawley Roy Spitzer The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to serve as a permanent record of these proceedings. CERTIFICATION OF COPY I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 16, 2007. Dated" �"' the 16Th of October, 2007. 72 O7sDonita May A/I • Secretary • JO-1lp-aoo17 about impacts on the St Vrain River. This development will be very visible from the Park and once these • decisions are made and the lots built, the impacts will be irreversible to an area that is the only State Park in Weld County and one of the largest pieces of public land in the County. He and the State Park system were asking this case be heard today and the two letters they have written in opposition be reconsidered because as far as he knows, no action has been taken regarding their concerns. The Chair asked Mr. Finch if he had specific questions Staff might answer for him or did he want it to be fully heard. Mr. Finch wanted the case to be heard today. The Chair asked Mr. Ogle if their packet contained the letters Mr. Finch referenced. Mr.Ogle responded that the Commissioners had the letters from the Division of Wildlife as well as the one from Kevin Lyles with Friends of St Vrain State Park and Staff could make the second letter from Mr. Lyles available to them as well. They were also provided the letter, dated August 23, 2007 from St Vrain State Park. Commissioner Hall said he felt the information provided by Planning Staff and the applicant was very thorough.The letters were to be received by August 23,2007 and were not received until October 10,2007, so in his opinion this should not be taken from the Consent Agenda. The Chair addressed the room and said because they do not have the two votes required to remove it from the Consent Agenda, it will remain there. Mr. Finch said they had requested Staff remove this case from the Consent Agenda. He added that it appears the Commissioners are unwilling to hear any comments from the State Park system on this particular development at a public forum and it seems to him this is a most unusual way to do business in Weld County. Mr. Finch felt this way the time to do business and once the application gets to the BOCC, he questioned whether they would have an opportunity to express their concerns and negotiate any settlement on the kinds of issues they would like to address regarding the application. Mr. Ogle responded that Staff could remove it from the Consent Agenda if they so desired, but the BOCC • hearing is November 14,2007, and they are the decision makers who will decide the case and who will make recommendations on how to proceed. Mr. Finch said he understood that, but the BOCC decision would be final and there would be no opportunity for any kind of negotiation. Bruce Barker, County Attorney, interjected and said that if Mr. Finch felt the BOCC had been out of line and exceeded its jurisdiction, he could bring the case to District Court and appeal. Mr. Barker emphasized that the Planning Commissioners felt the application was complete and did not need to be removed from the Consent Agenda and suggested they move ahead. CASE NUMBER: USR-1622 APPLICANT: Robert& Karen Lovewell &t PLANNER: Michelle Martin LEGAL DESCRIPTION: Part of the S2 SE4 of Section 22,Ti N, R68W 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, (Fence Company) in the A (Agricultural)Zone District. LOCATION: North of and adjacent to CR 6 and west of I-25. Michelle Martin, Department of Planning,said Staff and the applicants request that Case USR-1622 remain on the Consent Agenda. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. No Commissioners voiced any opposition to it remaining on the consent agenda. • Commissioner Grand moved that Cases PZ-1126 and USR-1622, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Mark Lawley seconded the motion. Motion carried unanimously. 2 Hello