HomeMy WebLinkAbout20053575.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,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-1530
APPLICANT: James & Gail Sutton
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Lot 2, Block 2, Carmacar Ranchettes;located in part of the E2 of Section 5,
T1 N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: • A Site Specific Development Plan and a Special Review Permit fora Home
Business (management of janitorial cleaning contracts within a mobile
office) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to Aspen Avenue and north of and adjacent to
Mountain View Street (North of CR 12; west of and adjacent to CR 5).
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 Department of Planning Services'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 ordinance in effect. Section 22-2-60.A.1. (A.Goal 1)Conserve
agricultural land for agricultural purposes which foster the economic health and continuance
of agriculture. This proposal is located within an agricutultural zoned subdivision with no
agricultural activity.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Chapter 23,Article III, Division 1,Sections 23-3-40.O of the Weld County Code
provide for a Home Business as a Use by Speical Review in the in the A(Agricultural)Zone
District. The parcel currently has one residence located on the parcel where the Sutton's
reside. The mobile office will be utilized for business use only.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties are predominantly residential in use.
Conditions of Approval and Development Standards are proposed to ensure that the
applicant's proposed use will remain compatible with the existing surrounding land uses.
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 lie within a three mile radius of the City of Dacono, Town of
Frederick and Town of Erie, which have no concerns with the proposed use.
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
Effective August 1, 2005, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the `N
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) CI
CO
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
2005-3575 ,.,RO,r
Resolution USR-1530
James Sutton
Page 2
indicate that the soils on this property are designated "Prime" land. The lot is not large
enough to be considered viable for farming per Section 22-2-60.1, A Goal 9.
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: •
A. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health and Environment. Such
approval shall then 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 Heath and Environment)
B. The plat shall be amended to delineate the following:
1. The plat shall be labeled USR-1530 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. Adherence to Section 23-2-260.D of the Weld County Code which pertains to the
Special Review Permit Plat Map. (Department of Planning Services)
4. All approved accesses shall be clearly shown on the plat. (Department of Public
Works)
C. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services.
2. Prior to issuance of the Certificate of Occupancy:
A. 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 Heath 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 the current regulations. (Department of Public
Heath and Environment)
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)
Resolution USR-1530
James Sutton
Page 3
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 of the Board of County Commissioners
resolution a$50.00 recording continuance charge may be added for each additional 3 month period.
(Department of Planning Services)
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 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(o,co.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)
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAMES AND GAIL SUTTON
USR-1530
1. A Site Specific Development Plan and a Special Review Permit for a Home Business(management
of janitorial cleaning contracts within a mobile office) 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 Heath 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 Heath and Environment)
5. 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 Heath and
Environment)
6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Heath and Environment)
7. Fugitive dust shall be controlled on this site. (Department of Public Heath 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 Heath and Environment)
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Heath 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 Regulations.(Department of Public Heath and Environment)
11. The facility shall utilize the existing public water supply(Left Hand Water District). (Department of
Public Heath and Environment)
12. 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 Heath and Environment)
13. The operation shall comply will all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Heath and Environment)
14. 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)(Department of Planning
Services)
15. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
16. 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)
Resolution USR-1530
James Sutton
Page 2
17. 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)
18 Building permits shall be obtained prior to the construction of any building. (Department of Building
Inspection)
19. A pan review is required for each building. The building shall be set according to the plans from the
manufacturer detailing blocking and tie downs. (Department of Building Inspection)
20. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of the
permit application. Current adopted codes include the 2003 International Building Code; 2003
Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
21. 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)
22 All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future right-of-way line. (Department of
Planning Services)
23. Should the business cease, the mobile office shall be removed from the property in accordance to
Section 23-4-190 of the Weld County Code. (Department of Planning Services)
24. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
25. 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)
26. As indicated in the application, the business shall be limited to one (1) employee, and hours of
operation shall be from 8:00 a.m., to 5:00 p.m., Monday through Friday. (Department of Planning
Services)
27. Should the business cease to exist, the modular unit shall be removed from the property within 30
days. (Department of Planning Services)
28. 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 Public Works)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
Resolution USR-1530
James Sutton
Page 3
31. 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.
32. 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.
33. 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.
34. The Special Use Permit shall not be transferable to any successors in interest to the prescribed
property and shall terminate automatically upon conveyance or lease of the property to others for
operation of the facility. (Department of Planning Services)
•
Motion seconded by Tom Holton
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
Paul Branham
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, 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 November 15, 2005.
Dated the 15th of November, 20 5.
lV/✓1 -(1)10
Donita May
Secretary
4. CASE NUMBER: USR-1530
APPLICANT: James & Gail Sutton
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Lot 2, Block 2, Carmacar Ranchettes; located in part of the E2 of
Section 5, T1 N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Use by Special Review Permit and Site Specific Development
Plan for an Office incidental to the operation of the Uses Allowed
by Right as listed in Section 23-3-20
LOCATION: West of and adjacent to Aspen Avenue and north of and
adjacent to Mountain View Street(North of CR 12; west of and
adjacent to CR 5).
James Sutton, the applicant, said he wished to remain on the consent agenda.
The Chair asked if there was anyone in the audience wishing to speak for or against the case remaining
on the consent agenda. As there was no one, the public portion of the hearing was closed.
Doug Oschner moved that Case PZ-1085 and Case USR-1530, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commission's recommendation of approval. Tom Holton seconded the motion. Motion carried
unanimously.
HEARING ITEMS
Specific time for public input has been set aside for discussion on the following items:
5. CASE: Code Changes/Submittal Dates & Planning Commission Hearing
Dates For 2006
SECTIONS: Appendix 22-E-Weld County Right to Farm, Section 22-1-50—
Comprehensive Plan Amendment Procedure, Section 23-1-90
Definitions, Section 23-3-30 Accessory Uses, Section 23-3-40
Uses by Special Review, Section 23-3-110.C.8 R-1 Zone District,
Section 23-3-420.G—Accessory Uses, Section 23-4-160
Temporary storage of Mobile Homes, Section 23-4-165
Temporary storage of semi trailers, Section 23-4-250 Permit
requirements, Section 23-4-260 Delegation of authority, Section
23-4-280 Permit requirements, Section 23-4-290 Delegation of
authority Replace Sign Code Chapter 23, Article IV, Division 2,
Section 23-4-70 Preamble, Section 23-4-80 General
Requirements, Table 1, 2, 3, Section 24-3-50.0 Minor
Subdivision, Section 24-4-40.D.6 Major Subdivision, Section 24-
5-30.B.3 Resubdivision change to lot lines, Section 24-4-40.D.6
Resubdivision redesign, Add as Section 24-8-50.L, Section 24-7-
20-A-1 Streets, Appendix 24-E- Roadway Cross Sections Section
24-8-50 Submittal Requirements, Section 27-8-40—Changes to
PUD final plan, Section 29-3-170 Approval and issuance of
permit, Section 29-3-280 Certificate of occupancy, Section 3307
Protection of adjoining property, Additional Changes: Replace
Section 23-2-260.B.11, Add Section 23-2-260.D.5.c.13, Replace
Section 23-2-160.L, Section 27-6-90 will be replaces with Sectio-
_ 27-6-90, Add Section 14-3-50.AA, Add Section 24-3-60.U.21,
Add Section 24-4-40.D.7, Add Section 24-4-40.D.3.z, Update
various section , Section 29-3-120 ti.
PLANNERS: Monica Mika, Kim Ogle, Sheri Lockman, Chris Gathman,
Bethany Salzman, Peter Schei, Roger Vigil, Bruce Barker
• , 5
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 1, 2005
A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County
Department of Health, Hearing Room, 1555 N. 17`"Ave, Greeley,Colorado. The meeting was called to order
by Vice-Chair, Chad Auer, at 1:35 p.m.
ROLL CALL
Michael Miller
Erich Ehrlich
Roy Spitzer
James Welch
Bruce Fitzgerald Absent
Chad Auer
Doug Ochsner Absent
Tom Holton
Paul Branham
Also Present: Kim Ogle, Jacqueline Hatch, Don Carroll, Robert Jacobson, Char Davis
The summary of the last regular meeting of the Weld County Planning Commission held on October 18,2005,
was approved as read.
CASE NUMBER: USR-1530
APPLICANT: James & Gail Sutton
PLANNER: Wendi Inloes
LEGAL DESCRIPTION: Lot 2, Block 2, Carmacar Ranchettes; located in part of the E2 of Section
5, Ti N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Use by Special Review Permit and Site Specific Development Plan for an
Office incidental to the operation of the Uses Allowed by Right as listed in
Section 23-3-20
LOCATION: West of and adjacent to Aspen Avenue and north of and adjacent to
Mountain View Street(North of CR 12; west of and adjacent to CR 5).
Kim Ogle, Department of Planning Services, read a letter requesting a continuance to November 15,
2005.
CASE NUMBER: PZ-1085
APPLICANT: Twin View Estates LLC
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-2953; part of the SW4 of Section 5, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Planned Unit Development Change of Zone for nine (9) lots with Estate
uses, one (1) common open space outlot(11 acres) (Twin View Estates
PUD).
LOCATION: East of and adjacent to CR 3 and north of and adjacent to CR 48.
Jacqueline Hatch, Department of Planning Services, read a letter requesting a continuance to November
15, 2005
CASE NUMBER: PZ-545
APPLICANT: Bret Larimer
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of AmRE-1452; Pt SW4 of Section 4, T6N, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Change of Zone from Agriculture to PUD- Estate for 38 residential
developments with 26 acres more or less of open space located outside
of an IGA or UGB; North of the Town of Windsor
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 18, 2005
A regular meeting of the Weld County Planning Commission was held Tuesday, October 18, 2005, in the
Weld County Department of Planning Services, Hearing Room, 918 101h Street, Greeley, Colorado. The
meeting was called to order by Chair, Bruce Fitzgerald, at 1:30 p.m.
ROLL CALL
Michael Miller
Erich Ehrlich Absent
Roy Spitzer
James Welch Absent
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham
Also Present: Jacqueline Hatch, Wendi Inloes, Kim Ogle, Bethany Salzman, Brad Mueller, Monica Mika,
Department of Planning Services; Frank Hempen, Don Carroll, Peter Schei, Department of Public Works;
Char Davis, Pam Smith, Environmental Health Department; Lee Morrison, County Attorney.
The summary of the last regular meeting of the Weld County Planning Commission held on, October 4,
2005, was approved as read.
Cases to be continued:
1. CASE NUMBER:
APPLICANT:
PLANNER: Wendi lnloes
LEGAL DESCRIPTION: Lot 2, Block 2, Carmacar Ranchettes; located in part of the E2 of
Section 5, T1N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Use by Special Review Permit and Site Specific Development
Plan for an Office incidental to the operation of the Uses Allowed
by Right as listed in Section 23- 3-20
LOCATION: West of and adjacent to Aspen Avenue and north of and
adjacent to Mountain View Street (North of CR 12; west of and
adjacent to CR 5).
Wendi Inloes, Department of Planning Services, said Planning staff, along with the applicants, are
requesting a continuance to the November 1, 2005 meeting as the Suttons are out of town and unable to
attend today's hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Michael Miller moved that Case USR-1530, be continued to the November 1, 2005 hearing. Chad Auer
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes, Doug Ochsner, yes; Bruce Fitzgerald,
yes; Paul Branham, yes. Motion carried unanimously.
2. CASE NUMBER: CZ-1100
APPLICANT: Charles &Teresa Hellmer
PLANNER: Chris Gathman
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