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HomeMy WebLinkAbout20020043.tiff � n BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Cristie Nickles, along with the changes to Development Standard#4A and Development Standard #4B and the Request description, 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-1359 Planner: Sheri Lockman Applicant: John & Ruth Traupe Address: 2800 W. 147th Court Broomfield, CO 80020 Request: A Site Specific Development Plan and a Special Review Permit for a Use allowed by Right in the (C-2) Commercial Zone District (storage building for commercial uses, i.e. trophy parts) in the (A)Agricultural Zone District Legal Description: Lot 1, Block 1 - Ranch Eggs Subdivision, Part of NW4 Section 34, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to Weld County Road 4 and east of and adjacent to Weld County Road 7 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 staff 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. b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. Section 23-3-4.O of the Weld County Code provides for Home Businesses as a Use by Special Review in the A(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 proposed use is located in an existing agriculturally zoned subdivision (Ranch Eggs). The proposed use will be located indoors and will generate few vehicle trips. 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 otherapplicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The proposed use is located adjacent to Broomfield and is located within the 3-mile referral areas for the City of Northglenn, City of Broomfield and Town of Erie. Referrals from Erie and Northglenn received October 31, 2001 and October 26, 2001 indicated no conflicts with their interests. No referral from the City of Broomfield was received indicating a conflict with their interests. 2 EXHIBIT 2002-0043 L49Z*135q RESOLUTION, USR-1359 John Traupe r- Page 2 e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area 2. 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 proposed site is designated "Urban and Urban Build Up Land" by the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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 Departments staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department of Planning Services) 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) The special review plat shall satisfy submittal requirements outlined in Section 23- 2-260.D of the Weld County Code, including the following: A) The special use permit number(USR-1359)shall be indicated on the plat. B) Weld County Road 4 is designated on the Southwest Study Capacity Improvement Needs as a paved rural road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 4 shall be delineated on the plat as right-of-way. This road is maintained by Weld County. C) Weld County Road 7 is designated on the Southwest Study Capacity Improvement Needs as a paved rural road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 7 shall be delineated on the plat as right-of-way. This road is maintained by Weld County. D) The vicinity map shall be drawn at a scale of 1 inch =600-feet and shall be revised to include the following information per Section 20-2-260.D.4 of the Weld County Code: RESOLUTION, USR-1359 John Traupe / 1 Page 3 1) The general classification and distribution of soils over the parcel under consideration. Soil classification names and agricultural classifications must be noted in the legend. 2) Location of all residences within a on-half-mile radius,any abutting subdivision outlines and names, and the boundaries of any adjacent municipality. E) The plot plan shall be revised to include the following information per Section 20-2-260.D.5 of the Weld County Code: 1) All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines. 2) Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey or a study prepared by a soils engineer or scientist for the uses and associated structures proposed for the parcel. 3. Prior to operation: A. The applicants shall attempt to address the requirements of the Mountain View Fire Protection District outlined in their referral received October 31,2001. (Mountain View Fire Protection District) B. The applicants shall address the requirements of the Weld County Department of Building Inspection outlined in their referral received October 26, 2001. (Weld County Department of Building Inspection) 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) Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin Cristie Nicklas Cathy Clamp Stephan Mokray John Folsom Lous Llerena 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. RESOLUTION, USR-1359 John Traupe Page 4 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 4, 2001. Dated the 4th of December, 2001. Voneen Macklin Secretary n SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS John & Ruth Traupe USR-1359 1. The Site Specific Development Plan and Special Use Permit is for a Home Business (storage and warehousing (with occasional pickup/delivery)of trophy components) 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. The business shall adhere to the requirements for a Home Business as defined in Section 23-1-90 of the Weld County Code. These requirements are: A) The use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein. B) The use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof. (Department of Planning Services) 4. Vehicle trips for this facility shall be limited to the following as stated by the applicants in their application: A) One delivery truck three times a week. B) One UPS truck five times a week. C) One Ford pickup and One Ford Explorer Monday-Friday. (Department of Planning Services) 5. Number of employees shall be limited to a maximum of two full-time employees and one part-time employee as stated by the applicants in their application. (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.) 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. 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) 8. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 9. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 10. Adequate toilet and handwashing facilities shall be provided for employees. (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) RESOLUTION, USR-1359 John Traupe re% Page 2 12. Animal and food wastes, bedding, debris and other organic wastes shall be disposed of so that vermin, infestation, odors, disease hazards and nuisances are minimized, (Department of Public Health and Environment) 13. The applicant shall utilize all existing access points. No new accesses will be granted. (Department of Public Works) 14. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area 2. (Department of Planning Services) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 17. Personnel from the Weld County Departments of Public Health and Environment and Planning Services 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. 18. 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. 19. 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. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 4, 2001 A regular meeting of the Weld County Planning Commission was held Tuesday 2001, in the Weld County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was called to order by Chair, Michael Miller, at 1:30 p.m. ROLL CALL Michael Miller Bryant Gimlin Cristie Nicklas H Fred Walker Absent John Folsom Stephan Mokray Cathy Clamp Luis Llerena Bruce Fitzgerald Absent Also Present: Don Carroll, Robert Anderson, Sheri Lockman, Lauren Light, Pam Smith The summary of the last two regular meeting of the Weld County Planning Commission held on November 6, 2001, was approved as read. The November 20, 2001 minutes were approved with amendments. Case: County Code 2001-XX Planner: Robert Anderson Applicants: Reynolds & Reynolds Woods Robert Anderson, read into the record a letter requesting a continuance to January 15, 2002. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Stephen Mokray moved to continue Case County Code 2001-XX to January 15, 2002. Cristie Nicklas seconded. Motion carried unanimously. — Case Number: USR-1359 Planner: Sheri Lockman Applicant: John & Ruth Traupe Address: 2800 W. 147`" Court Broomfield, CO 80020 Request: A Site Specific Development Plan and a Special Review Permit for a Home Business (storage and warehousing (with occasional pickup/delivery)of trophy components)in the(A)Agricultural Zone District Legal Description: Lot 1, Block 1 -Ranch Eggs Subdivision, Part of NW4 Section 34, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to Weld County Road 4 and east of and adjacent to Weld County Road 7 Sheri Lockman,Department of Planning Services presented Case USR-1359,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. John Folsom asked about Staff recommendation 2E and Development Standard#14 and if the town of Erie Z pl signed on for the Road Impact Fee. Mr. Morrison stated that Erie had not. Mr. Folsom stated that it was just K W 711'0 GSOd ♦ the City of Longmont and the Town of Frederick. Mr. Morrison stated that it would apply due to the fact that the area is still included in the formula and the roads are included. As long as it lies within the defined area it will apply to the Impact Fee Ordinance. Sheri Lockman stated that in the past they had placed the condition on if they were in the area. The project will come before the review board so if it is not applicable they will not have to pay. Cristie Nicklas asked Don Carroll about the access. Mr. Carroll stated that the accesses are existing. The residential access is off WCR 7 while the two additional access the outbuildings. They are legitimate accesses. Ruth Traupe,the applicant, provided a brief summary with regard to the need for the property. They have an existing business and need the addition space for storage. The existing buildings were one of the benefit to the property. John Folsom asked about the number of vehicle trips and if there would be a need in the future to have that increases. Mrs. Traupe stated she would like to have more trips if it was possible. The trips are stated as what they do now. Cristie Nicklas asked if they were to live on the property as a primary residence. Ms. Traupe stated at the present time they are not. They will have someone live there. Ms. Nicklas asked if that would be a problem with the USR. Sheri Lockman stated that they need to change the request from a home business. Ms. Lockman suggested that the request be changed to"A Site Specific Development Plan and a Special Review Permit for a Use allowed by Right in the C-2 Commercial Zone District(storage building for commercial uses, i.e. trophy parts) in the(A)Agricultural Zone District." Michael Miller asked if it would be sufficient if they read that into the record or would they need to change the application. Mr. Morrison stated it was advertised as a home business and described as a storage building for trophy pars. The description should be reflected in the resolution. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Cristie Nicklas moved that Case USR-1359, along with the change to Development Standard #4A to one delivery truck three times a week, #4B to one UPS truck five times a week, and the change to the request, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes;Cristie Nickles, yes; Luis Llerena, yes. Motion carried unanimously. Case Number: USR-1362 Planner: Lauren Light Applicant: Theodore Schrage 0866 State Highway 60 Loveland, CO 80537 Request: A Site Specific Development Plan and a Special Review Permit for a Single Family Dwelling Unit, Other than Those Permitted under Chapter 23,Article III, Division 1, Section 23-3-20.A, in the A(Agricultural)Zone District. Legal Description: Lot B of RE-2509; Pt. of the NE4 of Section 6, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to State Highway 60; west of and adjacent to Weld County Road 3 Hello