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Home My WebLink About20040127.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 denial by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1431 APPLICANT: Marlin Ness PLANNER: Chris Gathman LEGAL DESCRIPTION: Lot B RE-2692; part of the NE4 Section 21, T5N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Use by Special Review for an RV Park, Storage and Recreation Area in the Agricultural Zone District. LOCATION: South of and adjacent to Highway 34 (28th Street Frontage Road) and approximately 1/2 mile east of 1s`Avenue. 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 not 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 not consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. The site is located within the standard urban growth boundary of the City of Greeley defined as being within one half mile of from existing public sanitary sewer facilities on September 11, 1995 upon adoption of Ordinance 147-G (fundamental revision of the comprehensive plan, repeal of readoption of the comprehensive plan). Section 22-2-110.C1 of the Weld County Code lists criteria which the development has to meet before the County may consider approving a land use development within an urban growth boundary area. One of these criteria states: "The adjacent municipality does not consent to annex the land or property in a timely manner or annexation is not legally possible." The City of Greeley, in their referral received June 17,2003 indicated that they are still interested in pursuing annexation with the applicant. The City of Greeley would consider annexing the property through a series of annexations if the property does not meet the 1/6th contiguity requirement through a single annexation. The applicant has not provided evidence demonstrating that they have exhausted the possibility of annexation with the City of Greeley and therefore does not meet the criteria to consider approval of this application. 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. Should the Board of County Commissioners recommend approval of this application, the Planning Commission recommends the following conditions and development standards be attached: 1. Prior to recording the plat: A. The plat shall be labeled USR-1431 (Department of Planning Services) B. Flood hazard permits shall be required for any buildings/structures to be located in the floodplain and shall be submitted for review and approval by the Department of Planning Services. (Department of Planning Services) C. The applicant shall submit a detailed, legible,and scaled screening plan to the Department of EXHIBIT C/4-61-17 U5t2 #/b!3/ Resolution USR-1431 Marlin Ness Page 2 Planning Services for review and approval. The screening plan shall detail screening of the property from adjacent public right-of-way and adjacent properties. (Department of Planning Services) D. Weld County Code Section 30-2-120 States that "Permits to construct, extend or replace individual sewage disposal septic systems shall be denied if a community sewer is within four hundred (400) feet of the applicant's dwelling, place of business or institution; and if the municipality or district agrees to provide sewer service." The City of Greeley Water and Sewer Department has confirmed that the sewer service is within 400 feet of the applicant's dwelling and is providing sewer service to the home at this time. The applicant shall abandon the septic system serving the garage restroom facility and either remove the garage facilities or connect to the City of Greeley Sewer Services in accordance with the Weld County Code. Written verification or physical evidence that the septic system has been abandoned, that the restroom facilities have either been connected to City of Greeley sewer or have been removed shall be submitted to the Weld County Planning Department and the Weld County Department of Public Health and Environment. (Weld County Department of Public Health and Environment) E. The applicant shall provide evidence that all requirements of the Colorado Department of Transportation have been addressed based on CDOT's review of the applicants traffic study. Evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) F. The applicant shall attempt to address the requirements of the Union Colony Fire/Rescue Authority as stated i n t heir r eferral r eceived June 10, 2003. Evidence of such shall be provided to the Department of Planning Services. (Union Colony Fire/Rescue Authority) G. The applicant shall attempt to address the requirements of the City of Greeley as stated in their referral response received June 17, 2003. Evidence of such shall be provided to the Department of Planning Services. (City of Greeley) H. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The applicant shall place on the plat direction arrows showing one-way circulation. The 16-foot width roadway will not accommodate two-way recreational vehicles. (Department of Public Works) 3) Adequate turning radiuses shall be designed for the facility to accommodate recreational vehicles. This should be indicated on the plat. Utilize the AASHTO Design of Highways and Streets for your reference. (Department of Public Works) 4) The screening plan shall include the following information: 1) The common, botanical name and sizes of any proposed plant screening materials. 2)The location of any proposed plant screening materials. 3)The location and type of fencing and other screening materials. (Department of Planning Services) 2 Resolution USR-1431 Marlin Ness Page 3 The applicant shall attempt to address the recommendations of the Colorado Division of Wildlife as stated in a referral received June 19, 2003. (Colorado Division of Wildlife) J. The applicant shall submit a written request to vacate that portion of USR-308 located within the boundaries of the applicants'parcel. Upon Board approval of the vacation request. The applicants shall submit a revised plat for USR-308 showing the revised boundaries to the Department of Planning Services for recording. (Department of Planning Services) K. The applicant shall submit a written request to vacate that portion of USR-852 located within the boundaries of the applicants' parcel. Upon Board approval of the vacation request. The applicants shall submit a revised plat for USR-852 showing the revised boundaries to the Department of Planning Services for recording. (Department of Planning Services) L. The applicant shall attempt to address the recommendations of the Weld County Sheriff's Office as stated in their referral received July 15,2003. Evidence of such shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) M. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. 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) 3. 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 mapsco.weld.co.us. (Department of Planning Services) 4. Prior to operation: A. Proper building permits shall be applied for and approved for the RV pads.(Department of Building Inspection, Department of Planning Services) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 3 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Marlin Ness USR-1431 1. The Site Specific Development Plan and Special Use Permit is for an RV Park and Storage area 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. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 4. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt,concrete or equivalent and shall be graded to prevent drainage problems. Each space shall be equipped with wheel guards or curb blocks where needed to prevent vehicles from extending beyond the boundaries of spaces and from coming into contact with other vehicles,walls,fences or plantings.(Department of Public Works) 5. The access and perimeter road shall be 24 feet in width minimum for two-way traffic with adequate turning radiuses at intersections and curves to accommodate recreational vehicle traffic. This road shall be an all-weather type surface for access throughout the year. (Department of Public Works) 6. The historical flow patterns and run-off amounts will maintained on site in such a manner that 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 stormwater run-off. (Department of Public Works) 7. 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 & Environment) 8. 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 & Environment) 9. 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 & Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health & Environment) 11. 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 & Environment) 12. 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 & Environment) 13. Development or RV pads shall not be allowed over the City of Greeley sanitary sewer line easement. (Department of Public Health & Environment) 14. All campers and recreation vehicles (RV) using the facility must be fully self-contained in regard to water and sewage. (Department of Public Health & Environment) 4 Resolution USR-1431 Marlin Ness Page 2 15. There shall be no disposal of sewage or any waste water at this facility. (Department of Public Health & Environment) 16. Any future structures s hall be s erved by an individual sewage d isposal system t hat meets the minimum requirements of the County Code and a community water system. The facility shall obtain water and sewer service from the City of Greeley in the event that it is available. 17. A total of 200 pad sites for RV parking/storage shall be allowed. (Department of Planning Services) 18. If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in streams or wetlands at this location, the Department of the Army, Corps of Engineers shall be contacted by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Department of the Army, Corps of Engineers) 19. No development shall occur within the floodway of the South Platte River as delineated on the Federal Emergency Management Agency (FEMA) National Flood Insurance Program Floodway Map Community Panel Number 080266-0010 dated September 28, 1990. (Department of Planning Services) 20. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Countywide Road Impact area. (Department of Planning Services) 21. Any landscaping on site shall be maintained in accordance with the approved screening plan. (Department of Planning Services) 22. 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) 23. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 24. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 25. 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. 26. 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. 27. 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. 5 Resolution USR-1431 Marlin Ness Page 3 Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Tim Tracy 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 January 20, 2004. Dated the 20th of January, 2004. �VLYI1rL 1 � LA-2 Voneen Macklin Secretary 6 Hello