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Home My WebLink About20051923.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by James Rohn, that the following resolution be introduced for approval by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1512 APPLICANT: Dennis & Sherri Gill PLANNER: Sheri Lockman LEGAL DESCRIPTION: Part NE4 of Section 30, T7N, R64W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a Agricultural Service Establishment for farm equipment repair in the A (Agricultural)Zone District LOCATION: West of and adjacent to CR 51; approximately 3/4 mile north of CR 76. 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 22-2-60 A.1 (A.Policy 1.1.) states " Agricultural zoning will be established and maintained and promote the County's agricultural industry. Agricultural zoning is intended to provide areas for agricultural activities and other uses interdependent upon agriculture. Section 22-2-60 A.3(A.Policy 1.3.)states"Allow commercial and industrial uses,which are directly related to, or dependent upon agriculture, to locate within the A(Agricultural)Zone District when the impact to surrounding properties is minimal,and where adequate services and infrastructure are currently available or reasonably obtainable." 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.B.3 of the Weld County Code provides for agricultural service establishments 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 surrounding area is farmland with few homes in close proximity. There should be little, if any, impact on the surrounding homeowners. 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 does not lie within the referral area of a municipality. e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 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 site is designated "Prime" and "Irrigated land, not Prime" by the USDA Soil Conservation Services. The proposed use will not take any additional land out of production. 44 2005-1923 : rx ' 4 Resolution USR-1512 Dennis Gill Page 2 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: 1. The applicant shall provide evidence to the Department of Public Health&Environment that any vehicle or tractor washing area(s) will be designed and constructed to capture all effluent and prevent any discharges from in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Evidence of Public Health approval shall be submitted to the Department of Planning Services. (Department of Public Health & Environment) 2. 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 Public Health 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. 3. The waste handler and facility where the waste will be disposed(including the facility name, address, and phone number). (Department of Public Health & Environment) 3. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1512. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 4. 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) 2. Prior to operation: 1. A building permit shall be obtained prior to and change of use of the existing building. (Existing permit CCN-020047) (Department of Building Inspection) 3. Upon completion of 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 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) 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 mapsco.weld.co.us. (Department of Planning Services) Resolution USR-1512 Dennis Gill Page 3 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 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 Dennis and Sherri Gill USR-1512 1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service Establishment for farm equipment repair 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. As indicated in application materials, outdoor storage of tractors associated with the repair shop shall be limited to two (2). (Department of Planning Services) 4. 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 & Environment) 5. 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 & Environment) 6. 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 & Environment) 7. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health & Environment) 8. Any vehicle or tractor washing area(s)shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health & Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health & Environment) 10. 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 & Environment) 11. Adequate toilet and handwashing facilities shall be provided.The toilet facilities located in the residence will be utilized. (Department of Public Health & Environment) 12. 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 & Environment) 13. The facility shall utilize the existing public water supply. (North Weld County Water District). (Department of Public Health & 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 & 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 & Environment) 16. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services) 17. The site shall be accessed from the existing access point from County Road 51. (Department of Public Works) Resolution USR-1512 Dennis Gill Page 2 18. The off-street parking 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) 19. 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 of storm run-off. (Department of Public Works) 20. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 21. 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: 2003 International Building Code;2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 22. The change of use will probably be classified as a S-1 (Repair Garage). The maximum amount of indoor and outdoor storage of nonflammable solids and nonflammable and non combustible liquids shall not exceed the amounts in Table 414.2.4 of the International Building Code.The building including the bathrooms shall be accessible to persons with disabilities. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) 23. Building height shall be measured in accordance with the 2003 International 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) 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. Weld County personnel 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. Resolution USR-1512 Dennis Gill Page 3 Motion seconded by James Welch VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Bruce Fitzgerald James Rohn Chad Auer Doug Ochsner James Welch 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 June 7, 2005. Dated the 7th of June, 2005. Voneen Macklin Secretary it -7- ococc SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, June 7, 2005 A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County Department of Planning Services, Hearing Room,918 10th Street,Greeley,Colorado. The meeting was called to order by Chair, Michael Miller, 1:30at p.m. ROLL CALL Michael Miller Bryant Gimlin Absent John Folsom James Welch James Rohn Bruce Fitzgerald Chad Auer Doug Ochsner Absent Tom Holton Also Present: Don Carroll, Sheri Lockman, Jacqueline Hatch The summary of the last regular meeting of the Weld County Planning Commission held on May 17, 2005, was approved as corrected. The following items are on the Consent Agenda: — CASE NUMBER: USR-1512 APPLICANT: Dennis&Sherri Gill PLANNER: Sheri Lockman LEGAL DESCRIPTION: Part NE4 of Section 30,T7N, R64W of the 6th P.M.,Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a Agricultural Service Establishment for farm equipment repair in the A(Agricultural)Zone District LOCATION: West of and adjacent to CR 51; approximately 3/4 mile north of CR 76. Moved by James Rohn to approve the Consent Agenda. Seconded by James Welch. Motion carried. The following items will be heard: — CASE NUMBER: USR-1497 APPLICANT: Clement McNaney III do JCB Engineering PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot B of RE-261; Pt of SE4 Section 15,T6N, R67W of the 6th P.M.,Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a business permitted in a use by right or accessory use in the Commercial Zone District(Landscape Materials Yard)in the A(Agricultural)Zone District LOCATION: North of and adjacent to Hwy 392 and approximately 1/4 mile west of CR 21. Jacqueline Hatch, Department of Planning Services, presented case USR-1497 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. Clement McNaney c/o JCB Engineering has applied for a Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (Landscape Materials Yard, Agricultural and Supply Business) in the A(Agricultural)Zone District The surrounding property consists of residential uses to the north and west of the site. The Town of Windsor has a planned unit development planned for the east side of the site (Eastbrook). Agricultural uses are located to the south of the site. 11 referral agencies reviewed this case, 1 referral agencies had no comments, 9 referral agencies included CEnatatt Q 6V-20/2005- Hello