HomeMy WebLinkAbout20043127.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 approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1475
APPLICANT: Samuel Clark
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of Lot B of RE-1917; being part of the NE4 of Section 13, T4N, R68W
of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right or accessory use in the Commercial Zone
District (Landscaping Materials Yard) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 46; west of and adjacent to CR 13.
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. At this time agricultural 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 Towns of Johnstown and
Berthoud. The Town of Berthoud indicated no conflicts with their interests in a referral
response dated April 21, 2004. The Town of Johnstown indicated that should the property
be annexed,the Town would want the use removed or converted to a more urban-type retail
commercial facility, compatible with the anticipated residential development nearby.
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
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 location and small area
retained for the use should not limit the agricultural value of the larger parcel.
EXHIBIT
2004-3127 I
use tu7S-
Resolution USR-1475
Samuel Clark
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-1475. (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. The plat should identify the additional shed, scale house, gas
tanks, approved signs, water supply, restroom facilities, stockpile areas, customer parking,
and loading zones. (Departments of Planning Services and Public Works)
C. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of Health Services approval shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
D. 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)
E. The applicant shall submit building permits for all structures currently on the site including signs.
If necessary, structures shall be relocated to meet the setback requirements. In accordance to
Chapter 23, Article III, Section 23-3-50 of the Weld County Code, the required setback is
measured from the future right-of-way line. (Departments of Planning Services Public Works and
Building Inspection)
F. All signs not approved shall be removed. (Department of Planning Services)
G. The applicant shall contact Dave Tuttle with the Weld County Sheriff's office to discuss the
program entitled Crime Prevention Through Environmental Design. The program reduces the
likelihood of criminal activity on the site. (Sheriffs Office)
Resolution USR-1475
Samuel Clark
Page 3
H. 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 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. If located on the site, the plat shall indicate the drainage area.
(Departments of Planning Services and Public Works)
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. 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 parking shall be figured in accordance to the required parking for retail sales and
service based on the size of the sales yard. The plat shall indicate the appropriate parking
spaces. The site shall also meet ADA parking requirements. (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.The applicant has identified two access points to the facility. The
eastern most access adjacent to the corner does not meet the 150-foot distance for
commercial type use from the intersection. This access shall be closed. Evidence of
closure shall be submitted to the Department of Planning Services. (Department of
Planning Services)
4) Section 23-3-250.A.4—Required Yards-Setback.County Roads13 and 46 are designated
on the Weld County Road Classification Plan as arterial status 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 13 and 46 shall be delineated right-of-way
reservation on the plat. County Roads 13 and 46 are maintained by Weld County.
Off-street parking areas may be permitted in the required setback area when the area is
screened from direct view of persons on the public rights-of-way. Fences over six(6)feet
in height are not required to comply with the minimum setback and may be located on the
property line. Fences located on corner lots abutting public right-of-way shall not obstruct
the view of vehicular traffic at an intersection. (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 applicant shall provide current evidence that the facility has an adequate water
supply (i.e., well or community water system). (Department of Public Health and
Environment) .
7) Section 23-3-250.A.8 — Sewage Disposal. Uses shall have adequate sewage disposal
facilities. An individual sewage disposal system is required for the existing modular office
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. (Department of Public Health and Environment)
Resolution USR-1475
Samuel Clark
Page 4
8) Section 23-3-250.A.9 — Outside Storage. Outdoor storage of vehicles, equipment or
materials when permitted shall be screened from public rights-of-way and all adjacent
properties. The applicant shall submit a landscape/screening plan to the Department of
Planning Services for review and approval. (Department of Planning Services)
I. 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)
J. 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)
K. 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 mapsco.weld.co.us. (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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
_ SAMUEL CLARK
USR-1475
1. The Site Specific Development Plan and Special Use Permit is for a Use Permitted as a use by right
or accessory use in the Commercial or Industrial Zone District (Landscaping Materials Yard) 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. 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)
4. 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)the facility.
5. 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)
6. 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)
7. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
8. 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)
9. 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)
10. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
11. 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)
12. A permanent,adequate water supply shall be provided for drinking and sanitary purposes. (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. 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)
15. Effective January 1, 2003, Building Permits issued on the site will be required to adhere to the fee
structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services)
Resolution USR-1475
Samuel Clark
Page 2
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. 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)
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 any new construction. The office building is required to
be accessible to persons with disabilities. (Department of Building Inspection)
19. A plan review is required for the office building. 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.Building
plans from the manufacturer detailing the blocking and tie down methods are an alternative.
(Department of Building Inspection)
20. The number of plumbing fixtures shall be installed to Table 2902.1 of the International Building Code.
Request of portable toilets and potable water will have to be approved by the Weld County Health
Department. (Department of Building Inspection)
21. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit
application. Current adopted codes include the 2003 International Building Code; 2003 International
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)
22. 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 the Zoning Ordinance. (Department of Building Inspection)
23. 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)
24. There shall be no parking or staging of trucks within the public right-of way. (Department of Planning
Services)
25. Trucks transporting materials from the site shall cover their loads to reduce loose materials on the
roadway and damage to vehicles. (Sheriffs Office)
26. The screening and landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
27. Hours of operation shall be from 9:00 a.m. to 6:00 p.m. daily. (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. 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.
Resolution USR-1475
Samuel Clark
Page 3
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 Tonya Strobel
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Stobel
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.
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 October, 2004.
Dated the 19'h of October, 2004.
\ Th cL)
Voneen Macklin
Secretary
IC i 1
REQUEST: The Weld County Planning Commission Schedule and Land Use Case Fees
for 2005
Kim Ogle,Department of Planning Services presented the proposed changes,reading the recommendation into
the record.The Department of Planning Services is recommending approval of the proposed Fee Schedule and
Planning Commission Hearing dates.
James Rohn asked if there were any fee or fines under the USR for violation cases? Mr. Ogle stated that 50%
of the application fee is the amount of the fine, and this is done through the violation process. Mr. Rohn would
like to know if there is a way to assess fines on property that have initiated a land use illegally? Mr. Ogle stated
that the direction of the Board of County Commissioners is to work with the applicants while they are in process
and still operating. This request would need to be addressed with the Board of County Commissioners. A work
session could be arranged, should the Board of County Commissioners determine a new direction was
requested. Mr. Ogle added that the violation fee is noted on the fee schedule as an investigation fee.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
James Rohn moved to accept the proposed fee schedule and submittal dates and recommended they be
forwarded to the Board of County Commissioners with the Planning Commissions recommendation of approval.
Bruce Fitzgerald seconded the motion.
Motion carried unanimously.
Bryant Gimlin disclosed he had previous relationships with the applicant but there have been no dealings for the
past three years. Those dealings were nothing pertaining to this case.
Lee Morrison indicated that there was nothing that could be construed as a conflict but it was ultimately up to
the Planning Commission and the members of the audience.
Mr. Miller opened for public comment concerning the possible conflict and there was none.
CASE NUMBER: USR-1475
APPLICANT: Samuel Clark
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of Lot B of RE-1917; being part of the NE4 of Section 13,T4N, R68W of
the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right or accessory use in the Commercial Zone District
(Landscaping Materials Yard) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 46; west of and adjacent to CR 13.
Sheri Lockman,Department of Planning Services presented Case USR-1475,reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application
along with the Conditions
James Rohn asked the about road impact fee. Ms. Lockman stated it would be required at building permit stage
and no permits would be issued without the fee being paid. The road impact fee is addressed in Development
Standard# 15.
Michael Miller asked about the building not meeting the setback requirements. Ms. Lockman indicated the
buildings will need to be moved,the roads have large setback areas. They will also need building permits. Mr
Miller indicated the signs exceed the 16 sq. ft sign for the agricultural zone district. Ms. Lockman stated then. t
is a condition that prior to Board of County Commissioners they will submit a sign plan. Any sign not approve.
by the Board of County Commissioners will need to be removed.
KW ♦ _
Mike McDonough,representative,provided clarification on the project. The intent is to develop under Johnstown
at some time in the future after annexation, this use is temporary. The applicants are not in agreement with the
requirements for water and sewer. The cost of a water tap is presently $28000 and septic system is $12000
for a temporary use. The location of those would not coincide with the future development. Mr. Miller asked
when the annexation will be final. Mr. McDonough stated the process could take up to a year. Mr. Miller asked
if Johnstown has accepted the annexation. Mr. McDonough indicated the application and money have been
turned in. Mr. Gimlin added that the letter from Johnstown stated it is not eligible to annex due to contiguity.
Char Davis, Health Department, stated the septic system would be needed because port a potties for a
temporary use would be allowed for six months only. The annexation will take longer than six months. The
water is a Weld County Code requirement for any site with employees. Mr. Miller asked if this could be
addressed with portable hand washing facilities? Ms. Davis indicated a septic system does not work without
water. The water tap could be carried over to the next use.
James Rohn asked about a meeting with the Board of County Commissioners in September and what occurred?
Ms. Lockman indicated the applicant submitted the required information to proceed with the USR hearing so
the violation was continued. Mr. Rohn asked how many employees will be on site? Ms. Lockman stated the
application indicates one employee. Mr. Rohn asked about the hours of operation specifically regarding delivery
before or after the hours of operation. Ms. Lockman stated there will be no business coming from the site
outside the hours of operation.
Michael Miller asked if the truck traffic would be limited to tandem axel trucks and nothing larger. Mr.
McDonough indicated that tandems will be the only trucks on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Michael Miller indicated he understands the applicants position on not wanting the water tap especially if this
will not align for future uses, but yet one to one and a half years with bottled water and port of potties is a little
extreme. Mr. Gimlin added that would go against what the Planning Commission typically adheres to as far
as water and sewer supply. Mr. Gimlin added that the time for annexation is not defined and if there is a
proposed use there will be a way to design with the future in mind for the water and sewer.
Bruce Fitzgerald indicated these were necessary items for a business.
Michael Miller asked if was possible to accept the use of bottled water and port a potties contingent upon the
applicant showing that annexation is within so many months. Mr. Morrison stated it was legally possible but
the Department of Planning Services would have difficulty with enforcement. Mr. Rohn added he would like to
see the conditions stay because the water tap fee is increasing and if the water tap is purchased later it will cost
more. Mr. Miller indicated the area will be commercial so the investment in the tap will not be wasted.
James Rohn moved that Case USR-1485, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Tonya Strobel seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. James
Welch, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya Strobel, yes; Bruce Fitzgerald,
yes. Motion carried unanimously.
CASE NUMBER: PZ-1059
APPLICANT: Applied Films Corporation
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-1009; SW4 NW4 of Section 14, T2N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Change of Zone from (A)Agricultural to PUD with C-3 Business Commercial
Uses for one (1)lot.
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