HomeMy WebLinkAbout20050884.tiff • BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved byJohn Folsom,along with the amendment to Development Standard#23,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-1485
APPLICANT: Alicia Vasquez
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot A of RE-1970; Pt of S2 SE2 Section 4, T4N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right or accessory use in the Commercial Zone
District (office, storage and showroom for a concrete business) in the A
(Agricultural)Zone District
LOCATION: West of and adjacent to CR 43 and North of and adjacent to CR 48 (Section
Line).
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.Goal 4) states,
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." Application materials
indicate that the site can support the proposed use.Conditions of Approval and Development
standards will ensure that the use will be compatible with the region.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Currently the property is in violation (VI-0400028) for operating a concrete
business without an approved and recorded Use by Special Review(USR). Upon approval
of the USR the violation will be closed Section 23-3-40.R of the Weld County Code provides
for a use permitted as a use by right or accessory use in the Commercial Zone District
(office, storage and showroom for a concrete business)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 property to the north, south and east and are
primarily residential the property to the west is agricultural. No correspondence has been
received from the surrounding property owners regarding the proposed development. The
development standards and conditions of approval will ensure compatibility with adjacent
properties.
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 subject property lies within the three mile referral area of the City of
Evans, Garden City, Town of La Salle and the City of Greeley. The City of Evans, Town o
Garden City, and the Town of La Salle reviewed the request and found no conflicts with thei
interests. The Department of Planning Services has not received a referral response fro
the City of Greeley. t o0
m
E. Section 23-2-220.A.5—The site does not lie within any Overlay Districts. Building Permit- _x #
issued on the Lot will be required to adhere to the fee structure of County Wide Road Impac W
Program (Ordinance 2002-11).
2005-0884 Asa
Resolution USR-1485
' Alicia Vasquez
Page 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 lot is too small to be a
viable farming operation in accordance with Section 22-2-60.1 of the Weld County Code.
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 scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired the
Department of Planning Services shall be notified in writing. The signs shall adhere to
Section 23-4-90.A and .B of the Weld County Code. One identification sign per principal use
shall be allowed, provided that the sign does not exceed sixteen(16)square feet in area per
face. Further, the location of the sign, if applicable shall be delineated on the USR plat.
(Department of Planning Services)
B. Written evidence from the oil and gas company indicating all requirements and agreements
between the surface developer and the mineral owners and/or lessees have been completed
shall be submitted or evidence that an adequate attempt has been made to mitigate their
concerns shall be submitted to the Department of Planning Services. (Department of
Planning Services)
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1485(Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Landscape/Screening Plan. (Department of Planning Services)
3) County Road 43 is designated on the Weld County Roadway Classification Plan,as
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. A total of 40 feet from the centerline of County
Road 43 shall be delineated on the plat as right-of-way reservation for future
expansion of County Road 43. This road is maintained by Weld County.
(Department of Public Works)
4) County Road 48 is a Section Line which is not maintained by Weld County.
(Department of Public Works)
5) If the applicant chooses to continue to use the section line access where County
Road 48 would be, a non-exclusive license agreement for the upgrade and
maintenance of the county right-of-way shall be required. (Department of Public
Works)
Resolution USR-1485
Alicia Vasquez
Page 3
6) This facility,shall adhere to the number of on-site parking spaces in Appendix 23-B
of the Weld County Code. The total number of on-site parking for this facility shall
be seven (7) spaces, of which one (1) shall be a van accessible handicapped
parking stall meeting all of the requirements as set forth in the Americans with
Disabilities Act. Further, the applicant shall delineate curb stops for the parking
spaces shown on the USR plat. (Department of Planning Services and Public
Works)
7) The applicant shall address and adhere to the American with Disabilities Act and
ADA standards for this facility at all times. Non-ambulatory/Ambulatory parking
spaces shall be identified and shown on the plat. This site will be required to meet
all requirements of the Americans with Disabilities Act. At least one space must be
van accessible. The parking spaces must be the closest possible to the entrance.
Signing will be required. Curb cuts, ramps and other methods of providing
accessibility shall be required to reasonably attempt to meet the requirements of this
Act. Should the applicant elect to not adhere to the previously discussed Federal
Standards, this office requests that the applicant outline how their proposed site
design mitigates the requirements of the American's with Disabilities Act.
(Department of Planning Services)
8) Any approved signs, if applicable. (Department of Planning Services)
9) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
C. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan
shall address the following:
1) Section 23-3-350.H 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.
2) Section 23-3-360.F of the Weld County Code addresses the issue of on-site lighting,
including security lighting if applicable. States "any lighting ... shall be designed,
located and operated in such a manner as to meet the following standards:sources
of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties...."
3) Section 23-3-250.A.9 address the issues of outside storage. Therefore all employee
parking shall be screened from adjacent properties and public right of ways.
D. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required improvements. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat. The improvements
agreement will not be needed if the necessary improvements are done to the satisfaction of
the Department of Public Works and the Department of Planning Services. (Department of
Planning Services)
E. The applicant shall contact the Weld County Department of Public Works to determine if the
proposed drainage is adequate. Evidence of Weld County Department of Public Works
approval shall be submitted to the Department of Planning Services. (Department of
Planning Services)
F. The applicant shall attempt to address the requirements (concerns) of the Weld County
Sheriff's Office,as stated in the referral response dated 8/19/04. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
Resolution USR-1485
' Alicia Vasquez
Page 4
G. The applicant shall contact the Weld County Department of Building Inspection to determine
the appropriate building permits and or inspection needed for the change in use of the
existing pole barn. Evidence of the Weld County Department of Building Inspection approval
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Building Inspection)
H. The West Greeley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on site
soils. (West Greeley Soil Conservation District)
I. The Environmental Health Services Division was unable to locate a septic permit for the
septic system serving the restrooms in the shop/pole barn. The septic system 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 the Department of Public Health and
Environment approval shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
J. According to the applicant's authorized agent the septic system serving the home is failing.
The applicant shall obtain a repair permit from the Environmental Services Division and
appropriately repair the system as required. Evidence of the Department of Public Health
and Environment approval shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
K. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of the Department of Public Health and Environment approval shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Public Health
and Environment)
L. 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 the Department of Public Health and Environment approval shall be submitted in writing
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 (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 and
Environment)
M. 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)
3. Upon completion of 1. and 2. 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)
Resolution USR-1485
Alicia Vasquez
Page 5
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 mapsa,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 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
Alicia Vasquez
USR-1485
1. 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(office,storage and showroom for a concrete
business) in the A(Agricultural)Zone District. (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 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)
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,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
7. 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)
8. 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)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
10. 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)
11. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Public Health and Environment)
12. 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 and Environment)
13. A plan review is required for each building for which a building permit is required. (Department of
Building Inspection)
14. 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; 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
15. 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)
Resolution USR-1485
- Alicia Vasquez
Page 2
16. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and not 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)
17. A plan review is required for each building for which a building permit is required. Plans shall bear
the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. Provide a Code Analysis Data sheet provided by the Weld
County Building Department with each Building permit application. (Department of Public Works)
18. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
19. Effective January 1,2003, Building Permits issued on the proposed development will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
20. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening
Plan. (Department of Planning Services)
21. The number of trucks and equipment on the property shall be limited per the application materials.
(Department of Planning Services)
22. As indicated by the applicant the hours of operation shall be limited to Monday- Saturday 7:00 am
to 4:00 pm. (Department of Planning Services)
23. As indicated by the application, the number of employees for the concrete business shall be limited
to six(6). (Department of Planning Services)
24. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Chapter 15, Articles I and II of the Weld County Code. (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. Personnel from the 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.
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.
Motion seconded by Chad Auer
Resolution USR-1485
Alicia Vasquez
Page 3
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Stobel
Chad Auer
Doug Ochsner
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 September 7, 2004.
Dated the 7th of September, 2004.
c
Voneen Macklin
Secretary
8
y-7- apo4
m
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING A " firr
Tuesday, September 7, 2004
A regular meeting of the Weld County Planning Commission was held Tuesday 2004, 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, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin Absent
John Folsom
James Welch
James Rohn
Bruce Fitzgerald Absent
Tonya Strobel
Chad Auer
Doug Ochsner
Also Present: Char Davis, Don Carroll, Michelle Martin, Sheri Lockman, Bethany Salzman
The summary of the last regular meeting of the Weld County Planning Commission held on August 3 &
August 17, 2004, was approved as read.
CASE NUMBER: USR-1485
APPLICANT: Alicia Vasquez
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-1970; Pt of S2 SE2 Section 4, T4N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right or accessory use in the Commercial Zone
District (office, storage and showroom for a concrete business) in the A
(Agricultural)Zone District
LOCATION: West of and adjacent to CR 43 and North of and adjacent to CR 48 (Section
Line).
Michelle Martin, Department of Planning Services presented Case USR-1485, 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 if the points in the letter that was handed out had been addressed? Ms.Martin stated that
the Conditions of Approval and Development Standard addresses each issue.
Michael Miller asked about the failing septic system? Ms. Davis indicted the information was brought forward
by the agent for the applicant. There is a permit that was finalized in May 2002 for a new system and there
is no way of knowing the possible problems until the system can be evaluated. The original permit and
installation was done correctly. Ms. Davis added that it would need to be fixed before the application could
be recorded.
James Rohn asked if there had ever been a showroom approved. Ms. Martin stated the applicants bring
clients to their shop to show them different formations and forms of concrete that can be done on the job site.
Alicia Vasquez, applicant, provided clarification on the proposal. The applicants are trying to use the shop
for flooring and lighting but there will be nothing sold from the site. The showroom is to show different
alternatives that can be chosen from. All the work is done on site, there is no retail at the location.
John Folsom asked if they were aware that the operation they were conducting was in violation to the code?
Ms.Vasquez stated she believed the contractor that was hired obtained all the needed permits. Mr. Folsom
asked about the showroom and the number of customers per day and week? Rick Torrez, owner of the
business, added that there have been approximately six people since July. Mr. Folsom asked if the hours of
operation will be suitable. Mr.Torrez stated the operation shuts down between January and February but the
hours are fine. Mr. Folsom asked about the number of employees and if four was adequate. Mr. Torrez
stated that the need varies based on the job but the maximum needed would be six total.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Don Carroll added that Public Works would like to have a non exclusive right of way agreement for CR 48 for
future use.
John Folsom moved that Development Standard#23 change the number of employees from 4 to 6.James
Rohn seconded. Motion carried
John Folsom moved that Case USR-1485, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Chad Auer seconded the motion.
John Folsom commented that he typically does not like commercial or industrial uses in the agricultural zone.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,yes;James Welch, yes; Michael Miller,yes;James Rohn,yes;Tonya Strobel,yes; Chad Auer,yes;
Doug Ochsner, yes. Motion carried unanimously.
CASE NUMBER: SCH-25
APPLICANT: Marcelle Geudner/Jess Aragon
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Pt NE4 Section 8, T5N, R67W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Review of a Previously Denied Application for Land Use(Use by Special
Review 1430 for a Landscaping Materials Yard)and request for Substantial
Change Determination
LOCATION: 753 feet west of CR 17 and Yz mile north of State Highway 34.
Sheri Lockman,Department of Planning Services presented Case SCH-25,reading the recommendation and
comments into the record.The Department of Planning Services is recommending approval of the application
with the approval being based on Criteria 1. Criteria 1 states -- Has the land-use application substantially
changed? (e.g., substantial changes in lot size or density, in internal or external roads, or, in the case of a
rezoning, in the uses proposed).The applicants would like to be considered based on Criteria 2 and Criteria
4 while staff does not agree. Criteria 2 sates--Have the surrounding land-uses substantially changed? (e.g.,
has the adjacent land use changed during the period of time since the last application such that what would
be compatible with the adjacent use has changed).
Doug Ochsner asked for clarification on the Criteria. Ms.Lockman indicated the applicant has asked for three
criteria to be heard while staff believes they have met Criteria 1 concerning the substantial change in the land
use application.
John Folsom asked if Criteria 1 constitutes a substantial change. Mr. Folsom added the comments address
dust mitigation and visual impacts but do not address traffic. Does Planning staff believe there has been a
substantial change in traffic? Ms. Lockman stated staff is only reviewing the information the applicant has
requested,traffic was not a submitted subject. Mr. Folsom added the Board of County Commissioners was
not specific on the grounds for denial. They used the Health safety and welfare and would it be correct in
saying there was no substantial change in traffic therefor no substantial change had taken place. Mr.Morrison
stated the purpose of the proceeding goes back to a legal concept that the applicant cannot get a decision
with an application of the same set of facts. This proceeding is to establish that the same application is not
being re-submitted. The concept has been added that the applicant should address issues identified by the
Board of County Commissioners. Mr. Morrison added the applicant must show the application is different
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