HomeMy WebLinkAbout20021072.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin 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-1378
Planner: Lauren Light
Applicant: Douglas and Kjersten Hobbs
Address: 5327 Weld County Road 18, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for a use
permitted as a use-by-right or accessory use in the Commercial Zone District
(Lawn Care Company) in the A(Agricultural)Zone District
Legal Lot A of RE-398; Pt. of the SW4 of Section 24, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 18 and approximately 1/4 mile east
of Weld County Road 11
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 22-2-140.6 (C. Goal 2) states,
"ensure the compatibility of commercial land uses with adjacent land uses." The applicants
intent is to retain the residential appearance of their property so the property remains
compatible with the neighborhood. 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 any use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions, as a Use by Special Review in the A(Agricultural)Zone District.
Section 23-3-220.B.2 allows for stores and shops which furnish services and merchandise
at retail to the general public as a use allowed by right in the C-2 (General Commercial)
Zone District.Section 23-3-240 allows for outdoor storage areas as an accessory use in the
C-4 (Highway Commercial) Zone District. The applicants business is providing a retail
service to the general public. There will be limited outside storage until a barn is
constructed and at that time all vehicles and equipment will be relocated into the barn.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding area is primarily rural residential. The neighboring
homes are situated on long narrow lots which locates the existing residences in close
proximity. There is a subdivision to the north, which is located in the Town limits of
Frederick, that is visible from the applicants property. Outside storage of materials in a
Commercial Zone District are required to be screened from public rights-of-way and
adjacent properties.Although the site is zoned Agricultural, Planning Staff has determined
that adequate screening will be necessary to ensure compatibility with future uses. Once
the barn is constructed all company related vehicles and equipment will be stored inside as
per Development Standard seven(7). Conditions of Approval and Development Standards
will ensure that the proposal is consistent with surrounding land uses.
1 EXHIBIT
2002-1072
USeti378
Resolution USR-1378
Kjersten Hobbs
Page 2
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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 Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This proposal does lie within the Intergovernmental Agreement area for the
Town of Frederick. The Town of Frederick returned the required Notice of Inquiry form on
February 26,2002 and indicated they had no comments or concerns at that time. On March
7, 2002 the Town of Frederick's Planning Commission reviewed the referral request and
requested the applicants pay the appropriate road impact fee due to an increase in traffic.
Development Standard ten (10) requires the payment of the appropriate road impact fee
as determined by the Road Impact Fee Committee. The Towns of Firestone and Dacono
did not reply indicating a conflict with their interests.
e. Section 23-2-220.A.5— The application complies with Section 23-5-100 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 3. The site
lies within the designated geological hazard area but is not located in area classified as
severe or moderate therefore a Geological Hazard Development Permit is not required.
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 property is Lot B of
Recorded Exemption 398 and is considered "other" agricultural land by the Important
Farmlands of Weld County Map dated 1979.
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 Commissions' recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) Conform to Section 23-3-260.D of the Weld County Code which refers to
requirements for the special review permit plan map. (Department of Planning
Services)
3) The plat shall be labeled Use by Special Review, USR-1378. (Department of
Planning Services)
4) Indicate equipment and employee parking. (Department of Public Works)
5) The compost pile shall be deleted. (Department of Planning Services)
6) Indicate the on-site traffic circulation pattern. (Department of Planning Services)
7) Designate the screened storage area to be utilized prior to construction of the barn.
(Department of Planning Services)
Resolution USR-1378
Kjersten Hobbs
Page 3
8) One identification sign per principal use is allowed in the Agricultural Zone District.
The plat shall be amended to indicate any proposed signage. (Department of
Planning Services)
B. 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)
C. Written documentation shall be provided to the Weld County Department of Planning
Services indicating the concerns of the Town of Frederick, as received in a referral dated
March 13, 2002, have been addressed. (Department of Planning Services)
D. Written documentation shall be provided to the Weld County Department of Planning
Services and Public Works indicating the access permit from the Town of Frederick has
either been upgraded or is sufficient to utilize with the proposed use. (Department of
Planning Services, Department of Public Works)
E. Written documentation shall be provided to the Weld County Department of Planning
Services indicating justification of the circle drive has been approved by the Weld County
Department of Public Works. If sufficient justification is not provided the circle drive shall
be eliminated and one access shall be utilized. (Department of Planning Services,
Department of Public Works)
F. A Dust Abatement Plan, to address parking concerns, shall be submitted to the Weld
County Department of Public Health and Environment, Environmental Health Services
Division, for approval prior to operation. Evidence of approval shall be submitted to the
Weld County Department of Planning Services. (Department of Public Health and
�-. Environment)
G. The septic system serving the house 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. Evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
H. The applicant shall submit a Waste Handling Plan, for approval, to the Weld County
Department of Public Health and Environment, Environmental Health Services Division.
Evidence of approval shall be submitted to the Weld County 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, including expected
volumes and types of waste generated. (Department of Public Health and
Environment)
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
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)
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 plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Resolution USR-1378
Kjersten Hobbs
Page 4
Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services)
4. The barn shall be constructed by September 1, 2002. (Department of Planning Services)
5. Prior to operation:
A. The requirements of the Weld County Department of Building Inspection shall be
adhered to as required by the referral received March 15, 2002. (Department of Planning
Services)
6. 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
DOUGLAS AND KJERSTEN HOBBS
USR-1378
1. The Site Specific Development Plan and Special Use Permit is for a use permitted as a use-by-right
or accessory use in the Commercial Zone District(Lawn Care Company)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. Off-street parking spaces, including the access drive, shall be surfaced with asphalt or equivalent
and shall be graded to prevent drainage problems. (Department of Public Works)
4. No parking or staging of vehicles shall be allowed on Weld County Road 18. Utilize on-site parking
areas. (Department of Planning Services)
5. Employee hours of operation shall be from 7:00 a.m. to 5:30 p.m. Monday through Saturday. This
does not preclude the owners from doing repairs at other times. Employee hours of operation may
be expanded with specific permission from the Board of County Commissioners. (Department of
Planning Services)
6. No on-site composting of business related waste is allowed. (Department of Planning Services)
7. Company vehicles and related equipment shall be screened by opaque fencing and shall not be
visible from public rights-of-way or adjacent properties until such time the barn is constructed.
Company vehicles and related equipment shall be stored inside the barn once the building is
constructed. (Department of Planning Services)
8. The maximum number of employees shall be five (5). This does not include the owners of the
property. (Department of Planning Services)
9. The number of trucks associated with the business shall not exceed five (5). (Department of
Planning Services)
10. 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 3 as determined by the Road Impact
Fee Committee. (Department of Planning Services)
11. 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)
12. 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)
13. 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)
14. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
15. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
Resolution USR-1378
Kjersten Hobbs
Page 2
16. 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)
17. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof. (Department of Public Health and Environment)
18. The facility shall utilize the existing public water supply ( Central Weld County Water District).
(Department of Public Health and Environment)
19. The facility shall operate in accordance with the approved dust control plan. (Department of Public
Health and Environment)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
22. 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.
23. 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.
24. 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 Bruce Fitzgerald.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cathy Clamp
John Folsom
Luis Llerena
Bruce Fitzgerald
Resolution USR-1378
Kjersten Hobbs
Page 3
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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 April 16, 2002.
Dated the 16th of April, 2002.
Voneen Macklin
Secretary
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