HomeMy WebLinkAbout20042191 BEFORE THE WELD COUNTY, COLORADO, PLANNING L,OMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, 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: AmUSR-1028
APPLICANT: Victor& Martiel Vonfeldt
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot A of RE-706; part SW4 Section 12, T6N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use
Permitted as a Use by Right,an Accessory Use,or a Use by Special Review
in the Commercial or Industrial zone districts, (indoor storage for
recreational vehicles and a construction company) in the A (Agricultural)
Zone District.
LOCATION: East of and adjacent to CR 47; north of and adjacent to CR 70.
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 22-2-60 (A.Goal 4)
states, "Conservation of agricultural land to nonurban residential, commercial and
industrial uses will be accommodated when the subject site is in an area that can
support such development. Such development shall attempt to be compatible with
the region." The proposed development is considered a nonurban commercial use
which is serviced by North Weld County Water District and a septic system. The use
by special review (USR) 1028 allowed for the operation of the construction
company. The expansion of indoor storage for recreational vehicles is primarily a
seasonal activity,that generates limited vehicle trips and will be compatible with the
region.
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 districts, (indoor storage for recreational vehicles and
a construction company) 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 property to the east is primarily
agricultural. The surrounding properties to the north,south and west are residential.
The development standards and conditions of approval will ensure compatibility with
adjacent properties.
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 does not lie within th- 4W s=
three mile referral area of any municipalities.
E. Section 23-2-220.A.5—The site does not lie within any Overlay Districts. Buildin• ^"
Permits issued on the Lot will be required to adhere to the fee structure of Count -
Wide Road Impact Program (Ordinance 2002-11). r ,IP
citozoc
2004-2191
• Resolution AmUSR-1028
Victor Vonfeldt
Page 2
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 proposed
uses will only be on 21 acres which have already been developed substantially
limiting its agricultural value.
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 recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are
desired the Department of Planning Services shall be notified in writing. The signs
shall adhere to Section 23-4-90.A and .B of the Weld County Code. One
identification sign per principal use shall be allowed, provided that the sign does not
exceed sixteen (16) square feet in area per face. Further, the location of the sign,
if applicable shall be delineated on the USR plat. (Department of Planning Services)
B. Written Evidence from the Greeley Number 2 Ditch Company indicating all
requirements and agreements between the surface developer and North Side Lateral
Company have been completed as stated in their referral received September 26,
2003 shall be submitted or evidence that an adequate attempt has been made to
mitigate their concerns to the Department of Planning Services. (North Side Lateral
Company)
2. Prior to recording the plat:
A. The plat shall be labeled AmUSR-1025 (Department of Planning Services)
B. 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)
3. Any approved signage. (Department of Planning Services)
4. County Roads 47 and 70 are both designated on the Road Capital Improvement
Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30 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
Roads 47 and 70 shall be delineated right-of-way on the plat. These roads are
maintained by Weld County. (Department of Public Works)
5. The applicant shall delineate a minium of one hundred (100)feet between the
row of RV storage structures, for the circulation of the RV's to negotiate an
adequate turning radius into the proposed structures. The applicant shall submit
written evidence to the Department of Planning Services that they have met the
Department of Public Works requirements. (Department of Public Works)
• Resolution AmUSR-1028
Victor Vonfeldt
Page 3
6. The applicant identified that the existing field access north of the existing
building will be utilized. The access point shall be wide enough to accommodate
two-way traffic with adequate turning radiuses to County Road 47. The applicant
shall submit written evidence to the Department of Planning Services that they
have met the Department of Public Works requirements. (Department of Public
Works)
7. A total of 75 feet from the centerline of Greeley Number 2 Ditch shall be
delineated right-of-way on the plat. (North Side Lateral Company)
C. The applicant shall submit a Landscape/Screening Plan for review and approval
which includes the following information:
1) The applicant shall demonstrate how the proposed and existing plant material
will be irrigated.
2) The applicant shall delineate on-site lighting, including security lighting if
applicable.
3) The applicant shall delineate the location of any proposed and existing plant
material. Existing shall be delineated as a circle with a dot in the middle,
proposed shall be delineated as a circle with a '•+" in the middle.
4) The Landscape Plan shall indicate a site for a trash collection that is sufficiently
screened from adjacent public rights-of-way and adjacent properties. These
areas shall be designed and used in a manner that will prevent wind or animal
scattered trash. (Department of Planning Services)
D. The applicant shall delineate sufficient screened off street paved parking areas. One
off-street loading space is required for a facility of this size. All parking and loading
areas shall be screened from adjacent properties and road rights-of-way.
(Department of Planning Services)
E. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements 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 AmUSR
plat. (Department of Planning Services)
F. This facility, shall adhere the number of on-site parking spaces in Appendix 23-B of
the Weld County Code. The total number of on-site parking for this facility shall be
twenty(20)spaces, of which one(1)shall be a van accessible handicapped parking
stall meeting all of the requirements as set forth in the Americans with Disabilities
Act. Further, the applicant shall delineate curb stops for the parking spaces shown
on the AmUSR plat. (Department of Planning Services)
G. The applicant shall address and adhere to the American with Disabilities Act and
ADA standards for this facility at all times. Non-ambulatory/Ambulatory parking
spaces shall be identified and shown on the plat. This site will be required to meet
all requirements of the Americans with Disabilities Act. At least one space must be
van accessible. The parking spaces must be the closest possible to the entrance.
Signing will be required. Curb cuts, ramps and other methods of providing
accessibility shall be required to reasonably attempt to meet the requirements of this
Act. Should the applicant elect to not adhere to the previously discussed Federal
Standards, this office requests that the applicant outline how their proposed site
design mitigates the requirements of the American's with Disabilities Act.
(Departments of Planning Services)
•
Resolution AmUSR-1028
Victor Vonfeldt
Page 4
H. Written evidence from the Department of Building Inspection indicating all Building
Inspection requirements have been completed as stated in their referral received
September 11, 2003 shall be submitted to the Department of Planning Services.
(Department of Building Inspection)
I. The internal circulation within the site is unclear. Future drawings shall delineate the
proposed circulation pattern. (Department of Planning Services)
J. The applicant shall contact the Department of Public Works to verify a safe and
adequate access for this facility. (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. Prior to issuance of the Certificate of Occupancy:
A. The applicant shall provide dust suppressant chemicals (magnesium chloride or
calcium chloride)on County Road 47 both sides of the intersection and in front of the
residence for approximately 300 feet. The chemical shall be applied no less than
twice a year or as needed and/or directed by the Weld County Public Works
Department. (Department of Public Works)
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
Victor and Martiel Vonfeldt
AmUSR-1028
1. A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right,
an Accessory Use,or a Use by Special Review in the Commercial or Industrial zone districts,(indoor
storage for recreational vehicles and a construction company) 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,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. Fugitive dust 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)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
8. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health and Environment)
9. The restroom facilities in the residence shall be made available to employees and patrons 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. A building permit shall be required for the change of use of any existing building into a commercial
building. Separate building permits shall be required for all new buildings. Permit applications shall
include all uses to which the buildings are, or will be, used. A plot plan shall be submitted showing
all structures with accurate distances between structures, and from structures to all property lines.
(Department of Building Inspection)
12. A plan review is required for each building for which a building permit is required. (Department of
Building Inspection)
13. 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: 1997 Uniform Building Code;
1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
• Resolution AmUSR-1028
Victor Vonfeldt
Page 2
14. Building height shall be measured in accordance with the 1997 Uniform 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 27 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)
15. The applicant shall provide dust suppressant chemicals(magnesium chloride or calcium chloride)on
County Road 47 both sides of the intersection and in front of the residence for approximately 300 feet.
The chemical shall be applied no less than twice a year or as needed and/or directed by the Weld
County Public Works Department. (Department of Public Works)
16. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and not 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)
17. The access drive including the approach to the storage units shall consist of four inches of adequate
road base or recycled asphalt. These area shall be graded and drained to prevent erosion or
flooding. (Department of Public Works)
18. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
19. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening
Plan. (Department of Planning Services)
20. 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)
21. As indicated by the applicant the hours of operation for the constructions company will be limited to
Monday- Friday 7:00 am - 5:30 pm, the recreational vehicle(RV)storage facility will be open twenty
four(24) hours a day seven (7) days a week. (Department of Planning Services)
22. As indicated by the applicant the number of employees for the RV storage and construction company
shall be limited to two (2). (Department of Planning Services)
23. Construction activities shall take place within proposed or future buildings on the site. (Department
of Planning Services)
24. The use by special review is not intended to expand or diminish the rights of the mineral owners to
develop the mineral estate. (Department of Planning Services)
25. Stock piles of scrap building materials shall be visually screened from the view of adjacent properties
and road rights-of-way. (Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
28. 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.
Resolution AmUSR-1028
Victor Vonfeldt
Page 3
29. 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.
30. 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 John Folsom
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 November 4, 2003.
Dated the 4`h of November, 2003.
Voneen Macklin
Secretary
.-r
willing to use an alternate route a majority of the time to try and lessen the effect on the neighbors. He
does not want to be limited to this due to some unforeseen issue. This would affect only one home. Mr.
Miller indicated that this would make the attempt at being a good neighbor more successful. Mr. Weimer
asked if there were an instance of a friend coming and parking in the area, would that be a violation. Mr.
Miller indicated that an occasional use would not be a violation.
Bruce Fitzgerald asked Mr. Carroll about the road maintenance. Mr. Carroll indicated that there is a
rotation system. If the road is not holding up with the traffic the neighbors need to call Public Works and
fill out a complaint form for regarding grading.
Bruce Fitzgerald asked about the uses by right on the property and what was allowed. Ms. Hatch asked
for clarification on the number of trucks and trailers. Mr. Miller indicated that it would be one truck and five
trailers. Ms. Hatch indicated that the one truck is allowed the trailers are the question. This USR may be
a mout point if there is only one truck being applied for. Mr. Fitzgerald commented that if there was one
truck there could be no regulations on the project. Ms. Hatch indicated that was correct.
John Folsom stated that the requirement for a USR in the agricultural zone is if there is a commercial
operation. A commercial business could not be operated. Mr. Miller indicated that the question is rather
he is operating on site or bringing his truck home and parking it. Mr. Morrison added that staff has
addressed the bringing of work home at night. The uses are standing alone and are not part of an
ongoing agricultural operation. There could be more intensive truck traffic from an agricultural operation
without needing a USR. The other issue is the latitude allowed when someone goes home from work.
Ms. Hatch indicated that one trailer is allowed and since five are proposed a USR is required.
Jacqueline Hatch indicated the Department of Planning Services would like to delete Development
Standard #11 and add the Development Standards from the Department of Public Health referral dated
June 6, 2003 and renumber, delete H and amend B to remove the first sentence and add to the second
sentence "the septic system serving the house shall be reviewed..."
John Folsom moved to accept the changes suggested above. Bruce Fitzgerald seconded. Motion carried
John Folsom moved to amend Development Standard #4 to change the number of company trucks to one
and the number of trailers to five. Bruce Fitzgerald seconded. Motion carried
John Folsom moved to amend Development Standard #3 be amended to state that no operation shall
'take place on holidays. Bruce Fitzgerald seconded. Motion carried.
Stephen Mokray moved that Case USR-1432, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Bruce Fitzgerald 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; Bruce Fitzgerald, yes; Tim Tracy, yes; Doug
Ochsner, yes. Motion carried unanimously.
-- CASE NUMBER: AmUSR-1028
APPLICANT: Victor& Martiel Vonfeldt
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot A of RE-706; part SW4 Section 12, T6N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Use Permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial zone districts,
(indoor storage for recreational vehicles and a construction
company) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 47; north of and adjacent to CR 70.
Michelle Katyryniuk, Department of Planning Services presented Case AmUSR-1028, read the
recommendation and comments into the record. The Department of Planning Services recommended
approval of the application along with the Conditions of Approval and Development Standards
EXHIBIT
10 C
0mll
Victor VonFeldt, applicant, indicated that he was available for questions.
Michael Miller asked what type of buildings would be constructed. Mr. Vonfelt indicated they would be the
same type of structure already on the property,the only difference is the roof will be flat. Everything will be
stored inside there will be nothing outside. The plan is when the RVs are removed from the stalls the cars
are placed in the stalls until the client returns. Mr. Miller asked if the spaces wouldbe heated or lighted.
Mr. Vonfelt indicated it would have basic lights and no heat with dirt floor. They are totally enclosed with a
door per compartment. There will be no dumps or fuel storage.
Doug Ochsner asked if the neighbors have been spoken too. Mr.Vonfelt indicated that the neighbors are
happy with this. There seems to be no one upset.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Stephen Mokray moved that Case AmUSR-1028, be forwarded to the Board of County Commissioners
along with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. John Folsom 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; Bruce Fitzgerald, yes; Doug Ochsner,yes.
Motion carried unanimously.
CASE NUMBER: SCH-24
APPLICANT: Olando LLC c/o Tammy Ellerman & Ed Orr
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-2016; being part of the SE4 of Section 16, T6N, R64W of the 6th
P.M., Weld County, Colorado.
REQUEST: Review of a Previously Denied Application for Land Use (Change of Zone PZ-
r. 547), and request fora Substantial Change Determination.
LOCATION: North of and adjacent to State Hwy 392 and 1/z mile east of CR 53.
Sheri Lockman, Department of Planning Services presented Case SCH-24. Ms Lockman stated that
Change of Zone Z-547 was denied by the Weld County Board of County Commissioners on May 16, 2001.
This proceeding is not to rehear the original change of zone but rather to determine if the applicant has
met the criteria established to verify if a substantial change has occurred in order to reapply.
Pursuant to Chapter 2, Article II, Section 2-3-10 of the Weld County Code,the Commissioners shall
consider the applicant's request for a Hearing of Substantial Change and whether within the concept of a
new application, the facts and circumstances are substantially changed from the initial application:
Criteria 1. -- Has the land-use application substantially changed? (e.g., substantial changes in lot
size or density, in internal or external roads, or, in the case of a rezoning, in the uses proposed)
Criteria 2.—Have the surrounding land-uses substantially changed ? (e.g., has the adjacent land
use changed during the period of time since the last application such that what would be
compatible with the adjacent use has changed)
Criteria 3. — Have applicable provisions of the law substantially changed? (e.g., the applicant is
proposing using a different procedure so a different set of criteria apply or the applicable
ordinance has been amended by the Board so the criteria have substantially changed)
Criteria 4.—Within the concept of rehearing the previously denied application, is there newly
discovered evidence that the applicant could not have discovered with diligent effort at the time of
the original application ?
The Department of Planning Services has determined that the submitted information does meet the intent
of a substantial change per criteria 1 and 3.
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