Loading...
HomeMy WebLinkAbout20041654.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by John Folsom,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-1473 APPLICANT: Tom Keberlein PLANNER: Sheri Lockman LEGAL DESCRIPTION: Lot A RE-200; pt of the NW4 Section 29,T5N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use be Special Review in the A(Agricultural)Zone District. LOCATION: South of and adjacent to CR 54(37'"Street);west of and adjacent to CR 27 /:(77th Ave). 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.1 (C.Goal 2) states "ensure the compatibility of commercial land uses with adjacent land uses."Conditions have been included to ensure the site does not have an adverse impact on the surrounding properties. 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.R of the Weld County Code provides for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District as a Use by Special Review in the A (Agricultural)Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses.Although urban development is quickly being established in the area at this time vacant properties lie directly adjacent to the site on all sides. 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 lies within the three mile referral area for the Town of Milliken,the City of Evans and the City of Greeley.The Town of Milliken indicated in a referral response dated March 31,2004 that the use does not conflict with their interests. In a referral response dated April 9, 2004, the City of Evans indicated the need for additional review should the access to Two Rivers Parkway be significantly changed. Further, they indicated the need for additional right-of-way in the future. The City of Greeley voiced concerns including the appearance of the building, screening, surfacing of parking and driveways, setbacks and drainage. Most of the concerns have been addressed through the Development Standards and Conditions of Approval. 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 lot will be required to adhere to the nr) fee structure of the County Road Impact Program. (Ordinance 2002-11) f` F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prim: IF agricultural land in the locational decision for the proposed use.The small size of the lot limit- its agricultural value. 2004-1654 Resolution USR-1473 Tom Keberlein Page 2 G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based,in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to the Board of County Commissioners hearing: A. The applicant has not delineated any on-site sign(s). If applicable, and an on-site sign(s)is desired, the applicant shall submit a sign plan to the Department of Planning Services. If no sign plan is submitted the site shall adhere to Section 23-4-90.A and .B of the Weld County Code which states one identification sign per principal use shall be allowed,provided that the sign does not exceed sixteen (16) square feet in area per face. (Department of Planning Services) 2. Prior to recording the plat: A. All pages of the plat shall be labeled USR-1473. (Department of Planning Services) B. 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) C. The applicant shall submit an non-conforming use application for all structures lying within the future right-of-way. No fee is required. (Department of Planning Services) D. The applicant shall submit written evidence from the Weld County Department of Building Inspection indicating that the existing metal shed meets all their requirements or that the appropriate building permits have been submitted for the proposed change in use. (Departments of Building Inspection and Planning Services) E. 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 Health Services 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) F. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in the referral response dated May 3,2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The plat shall be amended to comply with the following Commercial District Performance Standards as indicated in Section 23-3-250 of the Weld County Code. 1) Section 23-3-250.A.1 -Stormwater Management. The plat shall indicate the drainage area as specified in the documents submitted through North Star Design, Inc. (Department of Planning Services) Resolution USR-1473 Tom Keberlein Page 3 2) Section 23-3-250.A.2—Parking. Sufficient screened,off-street, paved parking areas shall be provided to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and Accessory Uses. Appendix 23-A describes the design requirements for parking spaces and Appendix 23-B delineates the number of parking spaces required by use for this property. The plat shall indicate the appropriate parking spaces. (Department of Planning Services) 3) Section 23-3-250.A.3—Street Access. Lots shall have safe access to an approved public or private street. The design designation of any street or highway as to type shall be in conformance with that shown on the county thoroughfare plan and/or the master plan of the affected municipality. County Road 27.5(Two Rivers Parkway)has been annexed and is maintained by the City of Evans. In a referral response dated April 9, 2004, the City indicated that significant changes to the access on Two Rivers Parkway may cause the need for additional review. The plat did not indicate the existing north access on Two Rivers Parkway. Should the applicant wish to maintain this access, additional justification for the need shall be submitted to the Weld County Department of Public Works and the City of Evans for review and approval. Evidence of approval shall be submitted to the Department of Planning Services and any required access improvements shall be indicated on the plat. (Department of Public Works and City of Evans) 4) Section 23-3-250.A.4 — Required Yards - Setback. County Roads 54 (37th Street) and 27.5(Two Rivers Parkway)are designated on the Weld County Road Classification Plan as major arterial roads, which require 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.A total of 70 feet from the centerline of County Roads 54 and 27.5 shall be delineated right-of-way reservation on the plat. County Road 54 has been annexed and is maintained by the City of Greeley. County Road 27.5 has been annexed and is maintained by the City of Evans. There is a sight distance triangle problem at the intersection of County Roads 54 and 27,5. To help the existing situation,the plat shall indicate that no storage of vehicles or material shall be allowed in the northeast corner of the proposed USR. (Departments of Public Works and Planning Services) 5) Section 23-3-250.A.6—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. The plat shall delineate the screened enclosure as outlined in this Section of the Code. (Department of Planning Services) 6) Section 23-3-250.A.7 — Water Supply. Uses shall have an adequate source of potable water. The application materials state that water is provided by City of Greeley, however, there was no evidence of the ability to serve in the referral documents.The applicant shall submit evidence to the Department of Planning services that a commercial water tap is available or that the existing water source is approved for the proposed use.(Departments of Public Health and Environment and Planning Services) 7) Section 23-3-250.A.8 — Sewage Disposal. Uses shall have adequate sewage disposal facilities.The septic system serving the home 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. (Department of Public Health and Environment) Resolution USR-1473 Tom Keberlein Page 4 8) Section 23-2-250.B.6—Light. Any lighting,including light from high temperature processes such as welding or combustion,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; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with or construed as traffic control devices. The application materials did not include a Lighting Plan. Should exterior lighting be a part of this facility,all light standards shall be delineated on the Use by Special Review Plat. H. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements (access drive, parking areas, plant materials,fencing,screening,etcetera)and post adequate collateral for all required materials. 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.(Department of Planning Services) I. 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) J. 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. At time of Construction: A. A minimum of two (2) 201b multi-purpose dry chemical extinguishers rated shall be readily available and accessible. (Milliken Fire Protection District) 4. 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) 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(a�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) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Tom Keberlein USR-1473 1. The Site Specific Development Plan and Special Use Permit is for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District(storage of construction equipment and material) 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. 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. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. 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) 8. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 9. Adequate handwashing and toilet facilities shall be provided for employees 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 (The City of Greeley). (Department of Public Health 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 Health and Environment) 13. 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) 14. Structures located within the future right-of way for County Roads 54 (37th Street) and 27.5 (Two Rivers Parkway) are considered nonconforming and must comply with Chapter 23, Article VII of the Weld County Code. (Department of Planning Services) 15. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services) Resolution USR-1473 Tom Keberlein Page 2 16. The existing frame garage and metal shed located on the parcel restrict open sight distance to the west. Should County Road 54 (37th Street) be expanded and future right-of-way is acquired, these two structures shall be removed or relocated to provide an open sight distance to the west. (Department of Public Works) 17. The off-street parking including the access drive shall be surfaced with asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. Off-street loading spaces shall have adequate compaction for unloading of heavy material or equipment. All access and circulation areas shall be compacted or have hard surface to accommodate an all-weather access to the facility. (Department of Planning Services) 18. 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) 19. A building permit shall be obtained prior to the construction of any new building. (Department of Building Inspection) 20. A plan review is required for each building for which a building permit is required. Plans for the storage building shall include a floor plan, 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. (Department of Building Inspection) 21. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code;2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 22. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 23. The storage building will probably be classified as type S-1 (Moderate hazard)storage. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) 24. 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) 25. There shall be no parking or staging of trucks within the public right-of way. All parking related to the business shall be within the area screened by the six foot privacy fence. (Department of Planning Services) 26. The proposed eighty (80) x fifty (50) foot building shall meet all setback and offset requirements. (Department of Planning Services) 27. The screening and landscaping on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 28. Hours of operation shall be from 8:00 a.m. to 5:00 p.m. Monday through Friday. (Department of Planning Services) Resolution USR-1473 Tom Keberlein Page 3 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. 31. Weld County Government 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. Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Stephen Mokray 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 June 1, 2004. Dated the 1st of June, 2004. Cn L Voneen Macklin Secretary Cc - I - 2ooy Sheri Lockman, Department of Planning Services, read a letter requesting a continuance to July 6, 2004. CASE NUMBER: 2004-XX APPLICANT: Resource Colorado Water& Sanitation Metropolitan District PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot C of RE-2066; being part of theNW4 of Section 34,T1 N, R63W of the 6th P.M., Weld County, Colorado. REQUEST: Service Plan for Resource Colorado Water&Sanitation Metropolitan District. LOCATION: South of and adjacent to CR 4; east of and adjacent to CR 67. Kim Ogle, Department of Planning Services, read a letter requesting a continuance to June 15, 2004. The following Cases will be heard: CASE NUMBER: USR-1473 APPLICANT: Tom Keberlein PLANNER: Sheri Lockman LEGAL DESCRIPTION: Lot A RE-200; pt of the NW4 Section 29, T5N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use be Special Review in the A(Agricultural)Zone District. LOCATION: South of and adjacent to CR 54 (37th Street); west of and adjacent to CR 27 A(77th Ave). Sheri Lockman, Department of Planning Services presented Case USR-1473,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 Development Standards #25 and if the intent was there not to be parking or staging of trucks on site? Ms. Lockman indicated that was correct. James Rohn asked if there were any prior USR's or SUP's on the property. Ms. Lockman stated that there were none. Michael Miller asked about the existing buildings on site and on what authority can staff ask them to be removed? Ms. Lockman indicated that non conforming structures that don't meets set backs can still be used but cannot expand further into the right of way. The only exception would be if the road would be widened and the property would be paid for prior to demolishing. Doug Ochsner asked if the road was widened would they be required to remove them. Mr. Morrison stated that the buildings would be allowed to continue in use if they continue to meet the non conforming standards. If the County needed to acquire road right of way they will purchase the structures at the valued price, Staff is not asking the applicant to give up the property right they have by usage. If the structures are modified over 50% then they loose the non conforming status and they could not be replace in current location. James Rohn asked about the size of the building that will be built. Ms. Lockman indicated the building will be 80 x 50 foot. Mr. Rohn asked about the hours of operation being only Monday thru Friday. Ms. Lockman indicated the applicant indicated these hours would be adequate. John Folsom asked Mr. Morrison about the structures being allowed under a non conforming, if the previous use was different would that eliminate the non conforming use. Mr. Morrison stated the setback issue is a non conforming structure issue,which means the use does not change. The non conformity deals with the structure not the use. Ms. Lockman added that the building department wants the applicant to speak with them so the building are up to code for the use applied for. , — t . r Glen Droegmueller, applicant representative, provided clarification with regards to the site. The two non conforming buildings will be used for storage of construction materials and there will be no construction on site. The hours of operation can be handled on a Monday thru Friday basis because the use is for storage alone. The future right of way would be minimal and the County is happy with the roads. Evans is in agreement with the road, if additional right of way was needed negotiations could be done at that time. Don Carroll added that the County will work with the municipalities for future right of way. Mr. Miller asked if the reservation is included in this plan. Mr. Carroll added it was included. James Rohn asked Mr. Carroll about the traffic on the roads, what is the speed limits and traffic counts? Mr. Carroll stated the roads have both been annexed and the assumption for the speed limit is 55 mph and there is no way to know the traffic counts. Mr. Rohn asked about the accidents at the intersection. Mr. Carroll stated did not have this information. Michael Miller asked Char Davis about the request that there be no toilet in the shop. Ms. Davis stated it was acceptable as long as the home can be used for employees. John Folsom moved to amend Development Standards#25 to include "no". James Rohn seconded. Motion carried. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. John Folsom moved that Case USR-1473, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephen Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; James Rohn, yes; Tonya Strobel, yes; Chad Auer, yes; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried unanimously. CASE NUMBER: USR-1474 APPLICANT: Gary& Carol Vander Wal PLANNER: Michelle Katyryniuk LEGAL DESCRIPTION: Lot B RE-2208; Pt of the SE4 Section 9, T5N, R64W of the 6th P.M., Weld County, Colorado. REQUEST: 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 and storage for a dairy supply and services business)in the A(Agriculture)Zone District. LOCATION: South of and adjacent to CR 388; 1/2 mile east of State Hwy 37. Michelle Katyryniuk,Department of Planning Services presented Case USR-1474,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 Ms. Katyryniuk about the flood hazard permit that is required for the proposed building and if it would address the change in elevation on the property? Ms. Katyryniuk stated there is a flood hazard development permit that was approved for the home and the applicants are applying for a FHDP to address the shop but Condition 2H requested by Public Works is for a drainage report which should help mitigate any concerns from the neighbors about the rise in elevation from the driveway. Mr. Folsom indicated the neighbors concerns were for the additional elevation of the driveway which could potentially cause additional flooding on his property. Mr. Folsom asked if the flood hazard permit will address the neighbors concerns. Ms. Katyryniuk indicated it would only address the structures. Mr. Morrison stated the flood hazard permit addresses the administrative steps that need to be taken, if the construction causes a net rise over one foot Hello