HomeMy WebLinkAbout20071988.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
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-1612
APPLICANT: Brent Haugen
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 29 Casa Grande Estates 1st Addition of Section 17,T2N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Home Business
(Vehicle Repair) in the A (Agricultural)Zone District.
LOCATION: Approximately 1/4 mile east of CR 15 and approximately 1/4 mile south of CR 22.
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 22-2-150 B.5(I. Policy 2.5.b)states "ensure the compatibility with surrounding land
use in terms of general use, building height, scale, density, traffic dust and noise."The
conditions of approval and the development standards ensure the site does not have an
adverse impact on the surrounding properties. The applicant is proposing to utilize the
existing 7,200 square foot structure on site for vehicle repair. A 40' x 60' exterior storage
yard has been proposed to accommodate the temporary storage of larger items. The
exterior storage yard is located behind the shop and screened from view. No long term
storage of any kind is proposed for this facility.
Section 22-2-60.D. Goal 4 — The conversion of agricultural land to non-urban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. The site is currently part of Casa Grande Estates 1st Addition
subdivision. The surrounding properties are primarily single family homes. The applicant is
proposing on-site septic system and the water will be provided by Central Weld County Water
District. A violation was initiated as a result of a vehicle repair facility located on the property
without the proper zoning permits. This violation has not been presented to the Board of
County Commissioners, due to their submittal of this Use By Special Review application.
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 any use permitted as
a use by right, an accessory use, or a use by special review in the Commercial or Industrial
Zone District in the Agricultural Zone District,
c. Section 23-2-220.A.3-- The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is located in the Casa Grande Estates Subdivision. The
surrounding properties are primarily residential. The proposed fencing and 7,200 square foot
shop shall mitigate the impact to the neighboring properties.
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
EXHIBIT
2007-1988
USE *Pin-
Resolution USR-1612
Brent Haugen
Page 2
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 for the Towns of
Firestone and Frederick. No response was received from either municipality. The property is
located within the Inter Governmental Agreement area with the Town of Firestone. A Notice
of Inquiry was sent to the Town of Firestone in January of 2007 no response was returned.
Section 19-2-60.A of the Weld County Code states"If no municipality submits any comments,
recommendation or objection,the County may assume none of the municipalities have any
objection to the proposal." As a Condition of Approval under Section 19-2-60.C.2 of the Weld
County Code requires an annexation agreement between the applicant and the municipality
be executed.
e. Section 23-2-220.A.5-- The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lot will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
f. Section 23-2-220.A.6-- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The U.S.D.A. Soil Maps
indicate that the soils on this property are designated as other.
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.
If this application is approved and once a plat has been recorded, the violation will be closed; however, if for
any reason this application is denied,the violation process will continue. If denied,within 90 days from denial,
all commercial equipment and activities shall be removed from the property or this case will be presented to
the Board of County Commissioners through the Violation Hearing process.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
a. The applicant shall attempt address the requirements(concerns)of Frederick/Firestone Fire
Protection District, as stated in the referral response dated May 2, 2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
b. The applicant shall address the requirements (concerns) of Weld County Department of
Public Works,as stated in the referral response dated May 14,2007. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
c. The applicant shall address the requirements (concerns)of Weld County Department of
Resolution USR-1612
Brent Haugen
Page 3
Building Inspection, as stated in the referral response dated May 16, 2007. Including a
change of use permit for the 7,200 square foot shop. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
d. The Longmont Soil Conservation District has provided information regarding the soils on the
site.The applicant shall review the information and use it to positively manage on site soils.
(Department of Planning Services)
e. 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 approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
f. The applicant shall submit evidence of an Air Pollution Emissions Notice (A.P.E.N.) and
Emissions Permit application for the Air Pollution Control Division (APCD), Colorado
Department of Health and Environment. Alternately,the applicant can provide evidence from
the APCD that they are not subject to these requirements. The applicant shall submit written
evidence to the Department of Planning Services that they have met the Department of
Public Health and Environment requirements. (Department of Public Health and
Environment)
g. The septic system serving the shop shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the systems ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current regulations. The
applicant shall submit written evidence to the Department of Planning Services that they have
met the Department of Public Health and Environment requirements. (Department of Public
Health and Environment)
h. In the event, the applicant intends to wash vehicles or equipment on site the following shall
apply:
The applicant shall provide a detailed design and operation plan for the area uses for 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. The applicant shall submit
written evidence to the Department of Planning Services that they have met the Department
of Public Health and Environment requirements. (Department of Public Health and
Environment)
The applicant shall submit a waste handling plan,for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. Evidence
of approval 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.
Resolution USR-1612
Brent Haugen
Page 4
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)
j. The applicant shall submit to the Department of Planning Services with a property
maintenance plan. The maintenance plan shall be in compliance with Section 23-2-250.B.7
of the Weld County Code. (Department of Planning Services)
k. The applicant shall submit evidence of an executed annexation agreement with the Town of
Firestone per Section 19-2-60.C.2 of the Weld County Code. (Department of Planning
Services)
2. The plat shall be amended to delineate the following:
a. The plat shall be labeled USR-1612 (Department of Planning Services)
b. The attached Development Standards. (Department of Planning Services)
c. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code. (Department of Planning Services)
d. The applicant shall provide a parking plan that designates parking spots for customers and
business/delivery trucks. The parking locations shall be dimensioned and shown according
to Section 23-2-260 of the Weld County Code. (Department of Public Works)
e. The Department of Planning Services has determined from the application material that four
(4) parking spaces and one (1)ADA parking space will be required on site. The applicant
shall demonstrate how the parking spaces are screened from the right-of-way and adjacent
properties. (Department of Planning Services)
f. The off-street parking/loading areas including the access drive shall be surfaced with gravel,
asphalt, concrete or the equivalent and it shall be graded to prevent drainage problems.
Each parking space should be equipped with wheel guards where needed to prevent vehicles
from extending beyond the boundaries of this space and from coming into contact with other
vehicles,walls,fences, sidewalks,or plantings. (Department of Planning Services and Public
Works)
g. All future rights-of-way and easements shall be identified and be placed on the plat.
(Department of Public Works)
h. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated
in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning
Services)
The existing two access points to the site shall be delineated on the plat. The access shall
have adequate sight distance in both directions and shall not be below the crest of a hill or
where physical obstructions are present. (Department of Public Works)
j. Del Camino Lane within the Casa Grande Estates 15f Addition subdivision is designated as a
local subdivision road. This road requires a 60-foot right-of-way at full build out. There is
presently a 60-foot right-of-way. A total of 30 feet from the centerline of Del Camino Lane
Resolution USR-1612
Brent Haugen
Page 5
shall be delineated right-of-way on the plat.This road is maintained by Weld County. (Department of
Public Works)
3. 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)
4. Upon completion of 1., 2., and 3. 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)
5. 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 maosa,co.weld.co.us. (Department of Planning Services)
6. 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.
7. Prior to the issuance of building permits:
A. The applicant shall provide a written sign-off from the Frederick/Firestone Fire Protection
District to the Department of Building Inspection. (Department of Planning Services)
8. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Brent Haugen
USR-1612
1. The Site Specific Development Plan and a Special Review Permit for a Home Business (Vehicle
Repair)in the A(Agricultural)Zone District,and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. No employees are permitted. The home business is an incidental use to the principal permitted use
for gainful employment of the family residing on the property. (Department of Planning Services)
4. To ensure compatibility no signs shall be permitted on the site pertaining to the home business.
(Department of Planning Services)
5. All repairs shall be conducted inside the shop. (Department of Planning Services)
6. 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)
7. 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)
8. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
9. 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)
10. 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)
11. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health and
Environment)
12. 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. (Department of Public Health and Environment)
13. The facility shall utilize the exiting public water supply. (Department of Public Health and
Environment)
14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
16. There shall be no staging or parking adjacent to the property on Del Camino Lane; utilize the on-site
parking areas. (Department of Public Works)
17. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
18. 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: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
19. Building height shall be measured in accordance with the 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. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection
20. Written sign-off from the Frederick/Firestone Fire Protection District shall be submitted to the
Department of Building Inspection prior to the issuance of building permits. (Department of Planning
Services)
21. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
22. 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)
23. The landscaping and screening on site shall be maintained in accordance with the recorded plat.
(Department of Planning Services)
24. 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)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
27. 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.
28. 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.
29. 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 Tom Holton.
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 June 19, 2007.
Dated thel99th of June, 2007.
r - 1 G 1V'2�1�
Donita May /v\
Secretary
-19-;kV-7
CONSENT ITEMS
CASE NUMBER: USR-1611
APPLICANT: Parker/Dersham - Hall-Irwin Corporation
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION:AMSE-656 part SE4; Lot B of AMRE-4290 part SE4;and Lot B of RE-1352 part SW4
NE4, all in Section 36, Ti N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development facility including Gravel Mining,export&import of materials,
scale house and office in the A(Agricultural)Zone District.
LOCATION: Multiple parcels generally located East of and adjacent to CR 23.5; North of and
adjacent to CR 2 (Baseline Road); and South of CR 23.75.
CASE NUMBER: USR-1612
APPLICANT: Brent Haugen
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 29 Casa Grande Estates 1st Addition of Section 17, T2N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Home Business
(Vehicle Repair) in the A(Agricultural)Zone District.
LOCATION: Approximately 1/4 mile east of CR 15 and approximately 1/4 mile south of CR 22.
CASE NUMBER: USR-1614
APPLICANT: Russell L Gurtler Jr Trust & Dorthy K Gurtler Trust
PLANNER: Michelle Martin
LEGAL DESCRIPTION: S2 of the SE4 of Section 24, T3N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral Resource
Development Facility including an Oil and Gas Storage Facility in the A(Agricultural)
Zone District.
LOCATION: North of and adjacent to CR 30 and West of and adjacent to CR 49.
CASE NUMBER: AmUSR-987
APPLICANT: DCP Midstream
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 SW4 of Section30, T3N R63W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a
Mineral Resource Development Facility including an Oil and Gas Support and
Service Facility(Natural Gas Processing Facility)in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 28 and East of and adjacent to CR 61.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved that the Consent Items, including Case USR-1611, USR-1612, USR-1614 and AmUSR-
987, 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. Tom Holton seconded
the motion.
EXHIBIT
Use #Kl/Z
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, with comment; Chad Auer, yes. Motion carried unanimously.
•
Doug Ochsner said he would like to compliment the Planning Staff on the Consent Agenda as this
demonstrated how hard they had worked with all of the applicants prior to the hearing to resolve any issues.
Bruce Fitzgerald echoed Mr. Ochsner's comment.
HEARING ITEMS
Specific time for public input has been set aside for discussion on the following items:
CASE NUMBER: USR-1615
APPLICANT: Horton Farms II LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SW4 of Section 28,T2N, R64W of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District(manufacturing of landscape blankets) in the (A)Agricultural Zone District.
LOCATION: South of and adjacent to 1-76 Frontage Road and approximately 1/4 mile east of CR
53.
Jacqueline Hatch, Department of Planning said Horton Farms II LLC c/o Steve Parry has applied for a Site
Specific Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone District(manufacturing of landscape blankets) in the A
(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted on June 5, 2007 by staff.
The site is located South of and to adjacent to 1-76 Frontage Road and approximately%,mile East of County
Road 53.
The Department of Planning Services'Staff recommends that this request be denied for the following reason:
Section 23-2-240.A.1 --Adequate water service in terms of quality, quantity and dependability is available to
the site to serve the uses permitted.
The site currently does not have a well on site. As stated in the referral dated May 7, 2007 from the State of
Colorado Division of Water Resources "According to the submitted information, the site will be served by a
domestic well. From the submitted information it is unclear if there is an exiting domestic well located on the
property or if a new well will be constructed. Given the proposed uses at the site a nonexempt commercial
well permit approved pursuant to C.R.S.37-90-137 will be required. Unless the applicant seeks a well permit
for a non-tributary source, a court approved augmentation plan will be required in order to obtain a well permit
for the proposed uses. According to the files of the State Engineer's Office the applicant has not yet submitted
a well permit application to change the use of an existing well or to construct a new well at the site. The ability
of the applicant to obtain a well permit for a commercial use will be evaluated at the time the well permit
application is submitted to the State Division of Water Resources.
No letters have been received from surrounding property owners.
4
Hello