The URL can be used to link to this page

Browse Search

Home My WebLink About20050109 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 passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1491 APPLICANT: Timothy& Lori Ehrlich PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot A of RE-3039; part of the N2 N2 Section 34, T6N, R64W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District(farm equipment and auto repair and up to six (6) trucks and trailers used for storage) in the A(Agricultural)Zone District. LOCATION: North of and adjacent to CR 62-1/2; west of and adjacent to CR 57. 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 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 22-2-150 6.5 (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 agricultural in nature with few homes in close proximity. The applicant is proposing on-site septic system and the water will be provided by an individual well. A violation was initiated as a result of farm equipment and auto repair along with trailers and trucks being used as storage on the site without the proper zoning permits. This violation has been presented to the Board of County Commissioners on March 12, 2002. The Board of County Commissioners referred this case to the County attorney's Office, but delayed legal action for 120 days (July 12, 2002). This case is currently active at the County Attorney's Office, but has been placed on hold pending the determination of this Use By Special Review application. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-4CI.R of the Weld County Code provides for a business permitted as a use by right or accessory use in the Commercial or Industrial Zone District (farm equipment and auto repair and up to six (6) trucks and trailers used for storage) 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 agricultural in nature with few homes in close proximity. Proposed landscaping and screening shall mitigate the impact to the neighboring properties. EXHIBIT tUst *lig/ 2005-0109 Resolution USR-1491 Timothy Ehrlich Page 2 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 not within the three-mile referral area for a municipality. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The site does not lie within any Overlay Districts. Effective January 1, 2003, Building Permits issued on the proposed 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 U.S.D.A. Soils Maps indicate that the soils on this property are designated as irrigated and prime. The applicant has stated in the application materials that a majority of the site is currently producing alfalfa and will continue to be used for crop production. No prime farmland will be removed from crop production as the shop and home are located on a non-productive corner of the site. 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. If this application is approved and once a plat has been recorded, the violation will be closed; however, if for any reason this application is denied, the violation process will continue. If denied, within 30 days from denial, all commercial vehicles (semi trailers) and commercial activities (including, but not limited to auto and miscellaneous repair) shall be removed from the property or this case will continue with the Violation process. 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 a dust abatement plan to the Department of Public Health and Environment for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) B. The applicant shall provide evidence to the Department of Public Health and Environment that any vehicle washing area will be designed and constructed to capture all effluent and prevent any discharges in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) Resolution USR-1491 Timothy Ehrlich Page 3 C. The applicant shall submit evidence to the Department of Public Health and Environment of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) D. The septic system serving the house and shop 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 (existing use and estimated 6 customers per day). The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) E. The applicant shall submit evidence to the Department of Public Health and Environment of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (New EPA rule effective 4/5/2000). Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Public Health and Environment) F. 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 approval shall be submitted in writing 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) G. The applicant shall address the requirements (concerns) of the Department of Building Inspection, as stated in the referral response dated November 2, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 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. (Department of Planning Services) The applicant shall submit to the Department of Planning Services a schematic Landscape and Screening Plan for review and approval. The plan shall include the method of screening the outdoor storage of vehicles, equipment or materials from adjacent properties. Given that the landscape treatment is established, staff will not require additional landscape treatment. The applicant shall maintain compliance with Section 23-2-250.B.7 of the Weld County Code at all times. (Department of Planning Services) Resolution USR-1491 Timothy Ehrlich Page 4 J. The applicant shall submit to the Department of Planning Services with a property maintenance plan. The maintenance plan shall be in compliance with Section 23-2-250.B.7 of the Weld County Code. (Department of Planning Services) K. The plat shall be amended to delineate the following: 1. All sheets shall be labeled USR-1491 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The Use by Special Review Plat shall be prepared in accordance with Section 23-2- 260.D of the Weld County Code. (Department of Planning Services) 4. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal- scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 5. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 6. County Road 62.75 and 57 are designated on the County Road Classification Plan as local gravel roads, 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 �— 62.75 and 57 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Department of Public Works) 7. All approved accesses shall be clearly shown on the plat. (Department of Public Works) L. 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. 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@co.weld.co.us. (Department of Planning Services) 5. Prior to the issuance of building permits: A. A stormwater discharge p.ermit may be required for a development / redevelopment / construction site where a contiguous or non-contiguous land disturbance is grater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wo/PermitsUnit for more information. (Department of Public Health and Environment) Resolution USR-1491 Timothy Ehrlich Page 5 6. Prior to operation: A. A final inspection of the occupancy will be required by a member of the Department of Building Inspection for compliance with 2003 International Building Code and the Weld County Code. (Department of Building Inspection) 7. 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 Timothy and Lori Ehrlich USR-1491 1. The Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use or a Use by Special Review in the Commercial or Industrial Zone District (farm equipment, auto repair and up to six (6) trucks and/or trailers used for storage) 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 allowed. (Department of Planning Services) 4. Hours of operation are 7:00 a.m. to 7:00 p.m. Monday through Saturday as stated in the application materials. (Department of Planning Services) 5. There shall be no more than six (6) trucks and/or trailers used for storage on site. (Department of Planning Services) 6. The trucks, vans and trailers on-site shall not be allowed to deteriorate and be parked in a consistently orderly manner. (Department of Planning Services) 7. 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) 8. The off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage. (Department of Public Works) 9. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Building Inspection) 10. 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) 11. Building height shall be measured in accordance with the 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) 12. Building height, wall and opening protection and limitations and separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) 13. 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. (Department of Building Inspection) Resolution USR-1491 Timothy Ehrlich Page 2 14. 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) 15. 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) 16. 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) 17. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 18. 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) 19. The wash bay shall comply with all provisions of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 20. 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) - . 21. 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) 22. Adequate handwashing and toilet facilities shall be provided for employees and customers of the facility. The employees and customers shall be allowed to use the toilet facilities located in the shop. (Department of Public Health and Environment) 23. 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) 24. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 25. 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) • 26. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 24. 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) 25. 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) Resolution USR-1491 Timothy Ehrlich Page 3 26. The landscaping on site shall be maintained in accordance with the approved landscape plan. (Department of Planning Services) 27. 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) 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 30. 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. 31. 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. 32. 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 VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Bruce Fitzgerald James Rohn Tonya Strobel 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. Resolution USR-1491 Timothy Ehrlich Page 4 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 December 7, 2004. Dated the 7th of December, 2004. Voneen Macklin Secretary - /-- •2oocl SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 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,91810'"Street,Greeley,Colorado. The meeting was called to order by Chair, Michael Miller, at 1:30p.m. ROLL CALL Michael Miller Ll r Bryant Gimlin Absent En • , -' John Folsom — o James Welch ._' James Rohn Absent r .-i Bruce Fitzgerald G' Tonya Strobel Absent Chad Auer ra Doug Ochsner Also Present: Char Davis, Peter Schei, Pam Smith, Michelle Martin, Jacqueline Hatch, Sheri Lockman, Kim Ogle The summary of the last regular meeting of the Weld County Planning Commission held on November 16, 2004, was approved as read. The following items are on the Consent Agenda: CASE NUMBER: USR-1491 APPLICANT: Timothy& Lori Ehrlich PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot A of RE-3039;part of the N2 N2 Section 34,T6N, R64W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (farm equipment and auto repair and up to six (6) trucks and trailers used for storage) in the A(Agricultural)Zone District. LOCATION: North of and adjacent to CR 62-1/2; west of and adjacent to CR 57. Doug Ochsner moved to approve the Consent agenda. Bruce Fitzgerald seconded. Motion carried. The following items will be Heard: CASE NUMBER: MZ-1056 APPLICANT: Francisco Granados PLANNER: Michelle Martin LEGAL DESCRIPTION: Lot B of RE-2916; being part of the W2 NW4 Section 3, T5N, R64W of the 6th P.M., Weld County, Colorado. REQUEST: A Minor Subdivision Change of Zone from the Agricultural (A)Zone District to Estate (E)Zone District for four (4) residential lots . LOCATION: North of and adjacent to CR 60 '/z, East of and adjacent to State Hwy 37. Michelle Martin, Department of Planning Services presented Case MZ-1056, 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. Staff is recommending the following changes: 1 Hello