HomeMy WebLinkAbout20052054.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 passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1511
APPLICANT: Alan & Carol Davis
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-3227; Pt NW4 of Section 10, T3N, R68W of the 6th
P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
home business (storage of excavating/construction equipment) in the A
(Agricultural)Zone District
LOCATION: Approximately 1/4 mile east of CR 7 and south of and adjacent to CR 36.
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 22-2-150 B.5(I. Policy 2.5.b)states"ensure the compatibility with surrounding land
use in terms of general use, building height, scale,density,traffic dust and noise."Conditions
have been included through the conditions of approval and the development standards to
ensure the site does not have an adverse impact on the surrounding properties.
Section 22-2-60.D. Goal 4 — The conversion of agricultural land to non-urban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. The surrounding properties are residential in nature. The
applicant is proposing to utilize the home on the property to the east for restroom facilities.
The home is currently utilizing an on-site septic system and the water will be provided by Little
Thompson Water District. One of the conditions of approval is that the Use by Special
Review boundaries be changed to include the home to the east.
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.O of the Weld County Code provides for a home business
(storage of excavating/construction equipment) 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 primarily residential in nature. The existing
landscaping and screening on site compatible with the surrounding properties and shall
mitigate the impact to the neighboring properties. Vale View subdivision located directly to
the north of the site did respond stating that it is supportive of this project, it is impeccably
kept and the Davis family have been excellent neighbors.
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 is within the three-mile referral area for the Towns o
Mead and Berthoud. Both municipalities indicated in their referrals that they do not object to
the application and find no conflicts with their interests.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. 3
The site does not lie within any Overlay Districts.
2005-2054
Resolution USR-1511
Alan Davis
Page 2
Effective January 1, 2003, Building Permits issued on the proposed lots 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 U.S.D.A. Soils Maps
indicate that the soils on this property are designated as"other"and"prime"farmland of Weld
County. The size of the parcel does not allow for a viable farming option.
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 site is currently in violation (VI-0400159) if this Use by Special Review application is approved the
property will be in compliance. If denied, all commercial equipment shall be removed from the property,
otherwise, the violation case will proceed accordingly.
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 shall submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit written evidence to the Department of Planning Services that the
existing building on site has been appropriately permitted by the Department of Building
Inspection. (Department of Planning Services)
B. The applicant shall attempt to address the concerns/requirements of the Mountain View Fire
Protection District. Written evidence shall be provided to the Department of Planning
Services. (Department of Planning Services)
C. 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 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 and
Environment)
D. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1511.(Department of Planning Services)
2. The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3. The plat shall be amended to include the home on Lot A of RE-3227 to utilize the
restroom facilities. (Department of Planning Services)
Resolution USR-1511
Alan Davis
Page 3
4. County Road 36 is designated on the Weld County Road Classification Plan as a
local paved 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 County Road
36 shall be delineated on the plat as right-of-way. This road is maintained by Weld
County. (Department of Public Works)
5. The attached Development Standards. (Department of Planning Services)
E. 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)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required thirty(30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
5. 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 ArcInfo 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(cilco.weld.co.us. (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)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Alan & Carol Davis
USR-1511
1. The Site Specific Development Plan and Special Use Permit is for a home business (storage of
excavating/construction equipment)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. No employees are to be on site as stated in the application materials. (Department of Planning
Services)
4. The site shall be in compliance with Section 23-1-90 of the Weld County Code.
5. The applicant shall utilize the existing access to the site. (Department of Public Works)
6. 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)
7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
10. If applicable, the applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
11. If applicable, any vehicle washing area(s)shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
13. 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)
14. Adequate toilet and handwashing facilities shall be provided. The toilet facilities located in the
residence shall be utilized. (Department of Public Health and Environment)
15. 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)
Resolution USR-1511
Alan Davis
Page 2
16. The facility shall utilize the existing public water supply(Little Thompson Water District). (Department
of Public Health and Environment)
17. 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 and Environment)
18. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health
and Environment)
19. An individual sewage disposal system is required for the proposed future home and shall be installed
according to the Weld County Individual Sewage Disposal Regulations.(Department of Public Health
and Environment)
20. A building permit shall be obtained prior to the construction of any new building,addition or remodel of
the existing building. (Department of Building Inspection)
21. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Plans may be required to bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. (Department of
Building Inspection)
22. The building will be classified as S-2 (Storage). Bathroom facilities shall be provided within 500 feet
of the structure and 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 distanced shall be determined by the Weld County Code.
(Department of Building Inspection)
23. Building height shall be measure 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 for 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. 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 Internationals Residential Code:2003 International Mechanical Code: 2003 International
Plumbing Code:2003 International Fuel Code:and the 2002 National Electrical Code and Chapter 29
of the Weld County Code. (Department of Building Inspection)
25. 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)
26. The concrete approaches are to be installed in the future in front of all doors and extended out 25
linear feet. (Department of Public Works)
27. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
28. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
Resolution USR-1511
Alan Davis
Page 3
29. 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)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
32. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
33. Personnel from 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.
34. 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.
35. 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 Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Tom Holton
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.
Resolution USR-1511
Alan Davis
Page 4
CERTIFICATION OF COPY
I, Donita May, 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 21, 2005.
Dated the 215`of J
une, 2005.
A J
Donita May
Secretary
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 21, 2005
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room,4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Michael
Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin i
John Folsom -77.
James Rohn
Bruce Fitzgerald -'
Tom Holton
Chad Auer
Doug Ochsner Absent
James Welch Absent _L -
•
Also Present: Don Warden, Monica Mika, Kim Ogle, Chris Gathman, Jacqueline Hatch, Don Carroll, Peter
Schei, Char Davis, Pam Smith, Troy Swain
The summary of the last regular meeting of the Weld County Planning Commission held on June 7,2005,was
approved as read.
The following items are on the Consent Agenda:
CASE NUMBER: USR-1509
APPLICANT: Jason Krill
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part S2NW4 of Section 6, T1N, R68W of the 6th P.M.,
Weld County,Colorado.
REQUEST: A Site Specific Development Plan and a Special Permit for a home
business (fishing supplies, gear and giftware)and for one (1) single
family dwelling per lot other than those permitted under Section 23-2-
20.A of the Weld County Code in the A(Agricultural)Zone District
LOCATION: East of and adjacent to CR 1 and approximately 1/4 mile south of State
Highway 52.
CASE NUMBER: USR-1510
APPLICANT: Alvin & Gail Brand
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2505; Pt of S2N2SE4 of Section 15,T1 N, R67W of the
6thP.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
single family dwelling unit other than those permitted by Section
23.2.20.A(an additional single family home) in the A (Agricultural)Zone
District
LOCATION: Approximately 1.4 miles north of CR 8 and west of and adjacent to CR
21.
CASE NUMBER: USR-1511
APPLICANT: Alan & Carol Davis A;
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-3227; Pt NW4 of Section 10, T3N, R68W of the 61h
P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a «
home business (storage of excavating/construction equipment) in the A
(Agricultural)Zone District
LOCATION: Approximately 1/4 mile east of CR 7 and south of and adjacent to CR 36.
Moved by James Rohn to approve the Consent Agenda. Seconded by Bruce Fitzgerald. Motion carried
unanimously.
Consent items to be continued:
CASE NUMBER: USR-1513
APPLICANT: Chris &Joe Miller
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A& B of RE-2617 pt of W2NW4 of Section 27, T3N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Recreational Facility with uses similar to those seen at Guest farms and
fairgrounds in the A(Agricultural)Zone District. (For a complete list of
uses see application).
LOCATION: South of and adjacent to State Hwy 66 and east of and adjacent to CR
19.
Due to incomplete information, the Chair suggested this case be continued.
Moved by Chad Auer to be continued to the July 19, 2005 hearing. Seconded by Bruce Fitzgerald. Motion
carried unanimously.
Hearing items to be continued:
CASE NUMBER: PZ-1071
APPLICANT: Melody Homes -DR Horton
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Pt SW4 and Pt. SE4 of Section 33 and Part of the SW4 of Section 34,
T3N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Application for a change of zone from A(Agriculture)for PUD for 833
single family residential lots along with an elementary school site and
70.08 acres of open space.
LOCATION: South of and adjacent to CR 28 and east and west of and adjacent to CR
7.
Moved by James Rohn to be continued to the August 16, 2005 hearing. Seconded by Bruce Fitzgerald.
Motion carried unanimously.
CASE NUMBER: 2AmUSR-1198
APPLICANT: Marcum Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of AmRE-3308; Pt N2NW4 of Section 32, T4N, R65 of the 6th P.M.,
Weld County, Colorado.
REQUEST: Amended Site Specific Development Plan and Special Review Permit for
an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility
and a Solids Recovery System) in the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 40 and 250 feet more or less east of CR 39.
Moved by Bryant Gimlin to continue indefinitely. Seconded by James Rohn. Motion carried unanimously.
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