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HomeMy WebLinkAbout20060162.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paul Branham, 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-1531 APPLICANT: George & Mary Carlson Living Trust PLANNER: Brad Mueller LEGAL DESCRIPTION: Prairie Ridge Estates. Lot 1 of Section 8; T7N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Use by Special Review for a Home Business (Haystacking and retrieving) in the (E) Estate Zone District LOCATION: Southeast corner of CR 84 and CR 15; northwest of Severance. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. The request complies with Section 23-2-220.A.1 of the Weld County Code, that the proposal is consistent with Chapter 22 of[the] Code and any other applicable code provisions or ordinance in effect. Some relevant sections included the following: A. Section 22-2-170.6 (C.Goal 2) — Encourage the expansion and diversification of the commercial economic base. The proposed business provides a necessary support function for agricultural activity within the County. B. Section 22-2-150.C (I.Policy 2.5.b) — (Ensure) the compatibility with surrounding land use in terms of general use, building height, scale, density, traffic, dust and noise. The proposed conditions of approval and development standards will ensure that the site does not have an adverse impact on the surrounding properties. 3. Section 23-2-220.A.2 -- The proposal is consistent with the intent of the district in which the use is located. Section 23-3-430.H of the Weld County Code provides for a home business in the E (Estate) Zone District. Home businesses are defined as incidental uses to the principal permitted use for gainful employment of the family residing on the property. (Section 23-1-90) In this case, the haystacking and retrieving business proposed for the site is for the direct benefit of the family residing there and is periodic and incidental to the residential use. 4. Section 23-2-220.A.3 -- The uses which would be permitted will be compatible with the existing surrounding land uses. Field crops and associated agricultural structures surround the subject property on three sides. Lots to the south are large-lot residential of a similar size (approx. 10 acres). Existing screening in the vicinity of the existing structures, along with the distance they are built from the south property line, ensure that impacts to the south will be minimal. 5. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. Future uses are likely to remain the same as those current uses described above. The subject property lies within the three-mile referral area for the Town of Severance, which did not return a referral for this application. Although the Prairie Ridge Estates subdivision is adjacent (to the south) to an outholding of Severance, urban-scale development within the Town is only located several miles to the south. Furthermore, the County Comprehensive Plan and other applicable documents do not support intense (urban-scale) uses in the future in the area surrounding the subject property. The subject property is also located within a mile of an Urban Development Node, but does not have direct access to it. EXHIBIT unit AT1SS31 2006-0162 • Resolution USR-1531 Kevin Martin Page 2 6. Section 23-2-220.A.5 -- The application complies with Article V of this Chapter[Overlay Districts] of the Weld County Code. The site does not lie within any Overlay Districts. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 7. Section 23-2-220.A.6— That if the use is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime farmland. The site is not located in the Agricultural Zone District. 8. Section 23-2-220.A.7 — [With the application] there is adequate provision for protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), proposed Conditions of Approval, and Development Standards will ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation of compliance with the Code is based upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. Planning Commission's recommendation for approval is made with the following proposed conditions of approval: 1. Prior to recording the Special Review Permit Plan Map: A. The applicant shall submit a dust abatement plan for review and approval to the Weld County Department of Public Health & Environment, with evidence of approval submitted to the Department of Planning Services. B. 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, with evidence of approval 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). C. The Special Review Permit Plan Map shall be amended to delineate the following: 1) All sheets of the plan map shall be labeled USR-1531. (Department of Planning Services) 2) The plan map shall meet all requirements as listed in Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3) The plan map shall be modified to include the attached Development Standards. (Department of Planning Services) 4) The plan map shall be amended to exclude photographic depictions, showing by line drawing only the structures and improvements existing and planned for the site. (Department of Planning Services) Resolution USR-1531 Kevin Martin Page 3 5) In order to mitigate the potential negative impact and aesthetic concerns on surrounding properties, the applicant shall delineate an opaque visual screen on all sides of the areas proposed for parking or outdoor storage. (Department of Planning Services) 6) Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 7) The applicant has not delineated any on-site sign(s). If an on-site sign(s) is desired, the signs shall adhere to Section 23-4-80.A and .B of the Weld County Code. One identification sign per principal use shall be allowed, provided that the sign does not exceed two (2) square feet in area per face. Further, the location of the sign, if applicable shall be delineated on the Plan Map. (Department of Planning Services) 8) The approved off-street parking for the tractor trailers and associated vehicles and the proposed circulation pattern shall be delineated on the plat. (Department of Planning Services) 9) The plan map shall be modified indicating access only from Carlson Court. (Department of Public Works) D. The applicant shall submit two (2) paper copies of the plan map for preliminary approval to the Weld County Department of Planning Services, prior to recordation. (Department of Planning Services) 2. Upon completion of Item 1 above, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plan map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. 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. 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 maos(o�co.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 recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 6. Prior to issuance of building permits, 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. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdohe.state.co.us/wo/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS George B. & Mary F. Carlson Revocable Living Trusts clo Kevin & Debbie Martin USR-1531 1. The Site Specific Development Plan and Special Use Permit is for a home business (custom haystacking and retrieving) in the E (Estate) Zone District, as indicated in the application materials on file 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 more than one non-resident employee is to be on site, as stated in the application materials. (Department of Planning Services) 4. The site shall be in compliance with Section 23-1-90 of the Weld County Code, including ensuring that the use remain within the definition of a home business, which is "an incidental use to the principal permitted use for gainful employment of the family residing on the property, where such use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein." (Department of Planning Services) 5. The Special Use Permit shall not be transferable to any successors in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. (Department of Planning Services) 6. All routine maintenance, repairs and/or oil changes shall be conducted inside the shop or proposed building. (Department of Planning Services) 7. There shall be no staging or parking of trucks and trailers adjacent to the property on County Road 84 and Carlson Court. Only on-site parking areas shall be utilized. (Department of Planning Services) 8. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding or storm run-off. (Department of Planning Services) 9. Landscaping and screening on the site shall be maintained in conformance with the Special Review Permit Plan Map at all times. (Department of Planning Services) 10. 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) 11. 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) 12. 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) 13. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 14. 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) Resolution USR-1531 Kevin Martin Page 2 15. 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) 16. Adequate handwashing and toilet facilities shall be provided for employees. The employee shall be allowed to use the restroom facilities in the residence. (Department of Public Health and Environment) 17. 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) 18. The facility shall utilize the existing public water supply(North Weld Water District). (Department of Public Health and Environment) 19. 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) 20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 21. The applicant shall utilize the existing access to the site through the Prairie Ridge Estates PUD from Carlson Court to Lot 1. Utilize this internal road access with no direct access from Lot 1 to WCR 84. (Department of Public Works) 22. The off-street parking of vehicles waiting area including the access drive should be surfaced with gravel or the equivalent and should be graded to prevent drainage problems to adjacent properties. The circulation appears to be adequate as Lot 1 is approximately 11.5 acres in size. (Department of Public Works) 23. 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) 24. 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 Public Works) 25. A building permit is required for the two 5000 square foot storage buildings. The use is consistent with an S-2 occupancy in the 2003 International Building Code, but may require additional conditions after plan review. (Department of Building Inspections) 26. A plan review is required for all permits buildings. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Tow complete sets of plans are required when applying for each permit. (Department of Building Inspections) 27. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following have been adopted by Weld County: 2003 International Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code. (Department of Building Inspections) 28. Each buildings will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspections) 29. Building height, setbacks and offset distance shall be determined by Chapter 23 of the Weld County Code and Table 602 of the International Building Code. Separation of buildings of mixed occupancy classifications shall be in accordance with Table 302.3.3 of the 2003 International Building Code. (Department of Building Inspections) Resolution USR-1531 Kevin Martin Page 3 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 32. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 33. 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. 34. 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 VOTE: For Passage Against Passage Absent Michael Miller Bruce Fitzgerald Chad Auer Tom Holton Doug Ochsner James Welch Erich Ehrlich Roy Spitzer Paul Branham The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on December 6, 2005. Dated the 6th of December, 2005. Voneen Macklin Secretary • 6-4-'5 Tim Halopoff, agreed with the Development Standards and Conditions of Approval. Erich Ehrlich asked about the Cactus Hill easement being 35 feet. Ms. Lockman stated that Condition 1B addresses the easement. Erich Ehrlich moved that Case PZ-1099, 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. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer, yes; Erich Ehrlich, yes; James Welch, yes; Tom Holton, yes, Doug Ochsner, yes; Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously. CASE NUMBER: USR-1531 APPLICANT: George& Mary Carlson Living Trust PLANNER: Brad Mueller LEGAL DESCRIPTION: Prairie Ridge Estates. Lot 1 of Section 8, T7N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Use by Special Review for a Home Business (Haystacking and retrieving) in the(E) Estate Zone District LOCATION: Southeast corner of CR 84 and CR 15; northwest of Severance. Brad Mueller, Department of Planning Services, presented Case USR-1531, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Tom Holton asked about Development Standards 26 and whether that addresses existing building or building to be built. Mr. Mueller stated that is for two additional buildings that will be used for hay storage and staging. Mr. Branham what percentage of the site will be used for the business. Mr. Mueller estimated that it will be approximately 2/5 of the lot. Kevin Martin and Debbie Martin, applicants, provided clarification on the application and the proposed use. The business is a custom hay stacking and retrieving business. The equipment leaves in the morning and there are times in which they need to bring hay back due to time constraints. The buildings will be used for storage of the equipment needed for the business and farming. The need to store the hay will be on a temporary basis due to the business being a seasonal operation. Mr. Fitzgerald asked where they presently store the equipment. Ms. Martin indicated that the existing home is used for the storage and the business. This site will be purchased pending approval of this application. Ms. Martin indicated their concern on the lack of approval for the access off CR 84. This access would utilize the existing entrance to the Cactus Lateral Ditch but the road is on this property. The use of the access would be minimal with approximately one trip per month during the off season and possibly on trip per day during season. The previous owner utilized this access for a sheep feedlot and the loading and unloading of corn storage. Don Carroll, Department of Public Works, stated their concerns for the access are that they want the applicants to use the internal access and do not want to provide an access off of CR 84. The concern is site distance from the hill.This distance is 600 feet to top of hill with a posted speed limit of 55 mph. They would not be in support of granting an access at this location because of the safety condition to the top of the hill. The subdivision has provided adequate space for a turn around which could accommodate the machinery. Mr. Spitzer asked if the second access is a service road to the ditch. Mr. Carroll stated it is adjacent to the ditch bank road. This location is on the applicant's property. Ms. Martin provided clarification on the location of the requested access and stated the use would be minimal and they would do whatever they needed to do to ensure the safety of the residents. The business is seasonal and would not be year round therefore the access would not be used year around either. The use of the access will eliminate the wear and tear on the paved access road to the entire subdivision. The use would be ,t rM exiting the property. There is more traffic on CR 84 due to the bridge on CR 15 being fixed. q� Doug Ochsner asked about the driveway below the ditch easement. Ms. Martin indicated the ditch company 5 v has an easement and this would not interfere or cause any harm to the ditch bank road. Mr.Ochsner stated wv". : that if the ditch company gave them permission would that be allowable. Mr. Carroll stated it would be allowable with the ditch company but the county does not feel it is a safe location. Roy Spitzer asked if the traffic was coming from the east. Mr.Carroll stated the ditch is above this requested location. The photos presented represent this. Mr. Spitzer indicated that the traffic would be coming over the hill at 55 mph and would not have time to slow down. Bruce Fitzgerald asked Mr. Carroll if he felt the location was not safe at any time. Mr. Carroll stated this was not a safe condition and the alignment of the access is at a 45 degree angle, or parallel to the ditch. Doug Ochsner asked about hours of operation since this activity does not take place on property, is there a need for hours of operation. Mr. Mueller stated that as a general rule staff tries to put some parameters to a use, unless they would cause a hardship. Mr. Mueller would rather leave this in since it is not a hardship. Ms. Martin indicated there are times in the summer in which the trucks do not return to the house until late. The equipment returns to park and nothing more. Mr. Ochsner suggested deleting Development Standards#5. The entrance of the trucks would be no different then a vehicle arriving home late at night with their headlights on. Debbie Martin indicated they would be willing to make the access as a one way into the property so as not to have safety concerns for turning right onto CR 84 as well as the deterioration of the internal roadway. This would eliminate the concern for the vehicles traveling east on CR 84 that crests the hill. Mr. Schei indicated that the subdivision would like the use of the internal lots. Public Works feels the safe access is from the internal roadway. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Bert Carlson, current owner, indicated the existing buildings were the original building. Mr. Carlson has no problem with what the applicants want to do. The south entrance to the site will require a hard right and attempt to not run into the entrance sign for the subdivision. Mr. Carlson does not have a concern if they would like to move that access further south on the property to try and mitigate the issue of entrance. The island is 28 feet wide and approximately 158 feet long. The south access runs into the bottom of the island. Mr. Carlson would be in agreement with a one way into the site. The Chair closed the public portion of the meeting. Doug Ochsner asked if the movement of the driveway would address the concerns. Ms. Martin indicated the one way entrance would be better for the business with noise and deterioration to the internal roadway and they would enforce it to be one way. Tom Holton asked if this was a semi-trailer. Mr. Martin indicated he has a t600 Kenworth with a 29 foot trailer and it does take more room to turn. If he were able to utilize the access from CR 84 he would not have to make the sharp left turn from the internal roadway into the site. Mr.Branham asked for clarification on the one way. Mr. Martin stated they would enforce this and there is no way to make a right hand turn from the requested access on CR 84 or make a left turn from CR 84 into the site. The truck is too large and it would end up in the barrow pit on the north side of CR 84. Tom Holton asked Mr. Carroll about right in right out onto Hwy 52 and would this compare. Mr.Carroll stated this was controlled by the state. Brad Mueller suggested Planning Commission approve the hours of operation to be daylight hours to stay consistent with sand and gravel operations. Mr. Fitzgerald stated this would be daylight hours and asked if that would be agreeable to the applicant. Mr. Martin stated there are times with the trucks do not enter back onto the site until late at night. This does not occur frequently but does occur and it would be only headlights. Mr. Fitzgerald added they are trying to find a medium in which to allow for the complete operation of the business. Ms. Martin stated the leaving in the morning would not be affected but the entrance back into the site could be affected. Mr. Ochsner stated this is not consistent with sand and gravel operation, this is one truck maybe two. This type operation would not be any different then a personal vehicle returning home in the evening with headlights on. Mr. Ochsner recommends deleting Development Standards#5. Doug Ochsner moved to delete Development Standards #5. Tom Holton seconded. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer, yes; Erich Ehrlich, yes; James Welch, yes; Tom Holton, yes, Doug Ochsner, yes; Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously Paul Branham indicated if it is left as it there will be no second access. He suggests it be left as presented due to the safety issue and staff has reviewed this and made the best decision based on the county standards. Mr. Branham would like to see the driveway moved to the south and utilize that. James Welch agrees with Mr. Branham with regards to the safety issue. Debbie & Kevin Martin are in agreement with the Development Standards and Conditions of Approval. Paul Branham moved that Case USR-1531, 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. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy Spitzer, yes; Erich Ehrlich, yes; James Welch, yes; Tom Holton, yes, Doug Ochsner, yes; Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously. Meeting adjourned at 3:45pm Respectfully submitted Voneen Macklin Secretary Hello