HomeMy WebLinkAbout20022841.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, along with addition of#39, deletion of H, amend#22, 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-1401
APPLICANT: Raymond & Dorthula Lahr
PLANNER: Lauren Light
LEGAL DESCRIPTION: S2 NE4 of Section 19,T6N,T64W 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 in the Industrial Zone District (Portable
Restroom Business) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to WCR 51; approximately 'A mile south of State
Highway 392.
be recommended favorably to the Board of County Commissioners for the following reasons:
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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.
r` 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 ordinances in effect. Section 22-2-130.D.1 (I. Goal 4)
promotes industrial development that is appropriately located in relation to surrounding land
uses, and that meets necessary environmental standards. Section 22-2-150.A.C.1
(1.C.Goal 1) encourages the expansion and diversification of the commercial economic
base. Section 22-2-150.B.C.2(1.C.Goal 2)states"Ensure the compatibility of commercial
land uses with adjacent land uses." The Development Standards, Conditions of Approval
and Operations Standards will effectively mitigate any adverse impacts to surrounding
areas.
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 use by right, an
accessory use, or a use by special review in the commercial or industrial zone districts in
the A(Agricultural)Zone District. Section 23-3-320.B.1 allows any use of a research,repair,
manufacturing, fabricating, processing, assembling or storage nature as a use allowed by
right in the 1-2(Industrial)Zone District. The use may be conducted outside of an enclosed
building, provided that the use and/or operations of the use are screened from adjacent
public rights-of-way and adjacent properties.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The boundary for the USR is surrounded to the north by the
remainder of the applicants property which contains their home and crop land. There are
agricultural lands located to the south and west. To the east of the property is the Lindies
Lake Subdivision.
EXHIBIT
2002-2841U.SeL*1441
Resolution USR-1401
Dorthula Lohr
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 site is not located within the three mile referral area of any towns or
municipalities.
Although the applicants indicate their business supports farming, the agricultural aspect is
provided on a seasonal basis as the need for migrant workers is greatly reduced during the
winter months. While the applicants present location may be appropriate to initially start
their business any expansion would be compatible in an area specifically zoned for the use
such as a commercial or industrial area. Commercial and industrial properties are
commonly located in an area where adequate infrastructure such as sewer, water and
transportation routes are located. Compatibility with similar adjacent land uses is readily
accomplished when the neighboring properties are zoned specifically for commercial and
industrial uses.
There i s currently a zoning violation on the property due to the commercial/industrial
business being operated without a Use by Special Review permit. In order to ensure
compatibility of the present use with adjacent properties screening of all outside storage of
vehicles and equipment would be required. A temporary mobile home for an office should
be located in an area where it is not readily visible from public rights-of-way or adjacent
properties. Although the proposed 3,000 square foot building would be allowed in the
agricultural zone district for an agricultural use the Department of Planning Services does
not support the construction of the building to be used for a commercial/industrial business
due to the intensity of the business.
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts .
f. Section 23-2-220.A.6 —The site is designated "Prime" and "Irrigated Land, not prime" as
identified on the Farmlands of National Importance map dated 1979. The approximately
1.7 acre site will not take prime farmland out of production or make farming practices less
efficient as the applicants have indicated they will continue to farm the remainder of the 80
acre parcel.
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 delineate the following:
The attached Development Standards. (Department of Planning Services)
Resolution USR-1401
Dorthula Lohr
Page 3
The plat shall be labeled Use by Special Review USR-1401. (Department of
Planning Services)
Amend the USR boundary to include the existing residence which will be utilized for
a restroom facility. (Department of Planning Services,Department of Public Health
and Environment)
iv. All signage shall be indicated by location and size and shall adhere to Section 23-4-
90.A and B of the Weld County Code. (Department of Planning Services)
v. Lighting shall be indicated in accordance with Section 23-3-360.F of the Weld
County Code. (Department of Planning Services)
vi. Four(4)parking spaces,including spaces which adhere to ADA standards. Parking
shall be screened from public rights-of-way and adjacent properties and shall meet
the requirements of Section 23-3-350.B of the Weld County Code. (Department of
Planning Services)
vii. A trash collection area in accordance with Section 23-3-350.H of the Weld County
Code. (Department of Planning Services)
viii. Adequate screening for parking,storage and loading areas shall be clearly indicated
and shall meet the requirements of Section 23-3-320 of the Weld County Code.
Adequate screening of outside storage shall be provided with solid board fencing
spaced 1/4 inch apart and a minimum of eight (8) feet in height or an equivalent
screening provided that is approved by the Planning Department. (Department of
Planning Services)
ix. The temporary mobile office shall be delineated in an area that is screened from
public rights-of-way and adjacent properties. (Department of Planning Services)
x. Remove the 3,000 square foot shed. (Department of Planning Services)
B. The applicant shall submit an approved landscape, screening, and lighting plan. The plan
may be indicated on the Use by Special Review plat. (Department of Planning Services)
C. A Zoning Mobile Home Permit (ZPMH) application shall be submitted for the temporary
office trailer. A submittal fee and surrounding property owner signatures will not be required
for the ZPMH permit. (Department of Planning Services)
D. The applicant shall provide written documentation indicating which water source will be
utilized for the business. Provide written documentation from North Weld County Water
District indicating a commercial business is authorized to use the existing water tap and/or
provide written evidence from the Colorado Division of Water Resources, demonstrating
that the well is appropriately permitted for the commercial use. (Department of Planning
Services, Department of Public Health and Environment)
E. The applicant shall submit two(2)paper copies of the Use by Special Review plat for review
and approval. (Department of Planning Services)
n F. The Environmental Health Services Division was unable to locate a septic permit for the
septic system serving the existing residence. The septic system shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of observation of the
Resolution USR-1401
Dorthula Lohr
Page 4
system and a technical review d escribing t he s ystems a bility t o h andle t he 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. Written evidence of such shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
G. The applicant shall provide evidence that any vehicle or equipment washing area will be
designed and constructed to capture all effluent and prevent any discharges from the
washing of portable toilets and vehicles. Written evidence of such shall be submitted to the
Departments of Planning Services and Public Health and Environment. (Department of
Public Health and Environment)
H. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health& Environment. Written
evidence of approval of the plan shall be submitted to the Department of Planning Services.
The plan shall include at a minimum, the following: (Department of Public Health and
Environment)
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).
2. Upon completion of 1 above the application 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.
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 maoseco.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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Raymond and Dorthula Lohr
USR-1401
1. The Site Specific Development Plan and Special Use Permit is for a use by right, an accessory use,
or a Use by Special Review in the Commercial or Industrial Zone Districts (Portable Restroom
Business) in the A(Agricultural)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. All I iquid and solid wastes (as defined i n 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,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
8. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling. (Department of Public Health and Environment)
9. The applicant shall operate in accordance with the approved"Waste Handling Plan." (Department
of Public Health and Environment)
10. The applicant shall comply with any pretreatment or hauled wastewater permit. (Department of
Public Health and Environment)
11. Adequate toilet and handwashing facilities shall be provided for employees. The employees shall
be allowed to use the handwashing and toilet facilities located at the applicants' residence.
(Department of Public Health and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
13. 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)
14. If applicable,the applicant shall obtain a stormwaterdischarge permit from the Colorado Department
of Public Health & Environment,Water Quality Control Division. (Department of Public Health and
Environment)
Resolution USR-1401
Dorthula Lohr
Page 2
15. Any vehicle or equipment washing area(s)shall capture all effluent and prevent discharges from the
washing of portable toilets and vehicles. (Department of Public Health and Environment)
16. Off-street parking spaces, including the access drive, shall be surfaced with gravel, asphalt,
concrete,or the equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
17. No parking or staging of trucks shall be allowed on Weld County Road 51. Utilize on-site parking
areas. (Department of Planning Services)
18. All maintenance of company vehicles shall be performed within a structure or in an area that is
screened from adjacent properties. (Department of Planning Services)
19. The number of company vehicles associated with the business shall not exceed four (4).
(Department of Planning Services)
20. The maximum number of employees shall be four (4). This does not include the owners of the
property. (Department of Planning Services)
21. The hours of operation shall be 5:00 am to 7:00 pm, Monday through Saturday. Sunday hours shall
be limited to May through November from 7:00 am to 7:00 pm. Hours of operation may be extended
with specific permission from the Weld County Board of County Commissioners. (Department of
Planning Services)
22. Storage and parking of vehicles on the parcel shall be limited to those operated or owned by the
Lohrs conducting business as"Country Johns". (Department of Planning Services)
23. No on-site storage of human waste shall be allowed. (Department of Planning Services,Department
of Public Health and Environment)
24. All on-site storage of company vehicles and portable restrooms shall be enclosed in a screened area
and shall not be visible from public rights-of-way or adjacent properties. (Department of Planning
Services)
25. 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)
26. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
27. At such time the operation should cease, the temporary mobile home office must be removed from
the property or the appropriate zoning and building permits shall be applied for and approved for an
acceptable use within 30 days. (Department of Planning Services)
28. A building permit shall be obtained prior to the construction of any building. Permits are required
for the existing shed to be used for vehicle storage (garage) and the temporary office structure.
(Department of Building Inspection)
29. A plan review is required for each building for which a building permit is required. Except
for simple pole type structures, plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each
e permit. (Department of Building Inspection)
30. 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: 1997 Uniform Building Code;
1998 International Mechanical Code; 1997 International Plumbing Code; 1999 National Electrical
Code and Chapter 29 of the Weld County Code (Department of Building Inspection)
31. Except for pole type structures, each building 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.
Manufactured structures shall be installed in accordance with the manufactures installation
instructions. (Department of Building Inspection)
32. The existing shed building will probably be classified as type S-1 storage building. The office will
be classified as a type B office. The storage building and the office structure must be separated
from any residential buildings by a minimum of 20 feet or must have walls constructed with one-hour
fire resistive construction. Setback and offset distances shall be determined by the Zoning
Ordinance. (Department of Building Inspection)
33. The existing north access shall be utilized for the residence and the business. (Department of Public
Works)
34. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
36. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
37. 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.
38. 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.
39. The well shall not be utilized for commercial use.
Resolution USR-1401
Dorthula Lohr
Page 3
Motion seconded by Stephan Mokray
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 October 15, 2002.
Dated the 15`" of October, 2002.
Voneen Macklin
Secretary
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