HomeMy WebLinkAbout20042755 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-1482
APPLICANT: Michael & Nicolette Thompson
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A RE-808; Pt SE4 of Section 16, T1 N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review for a Use
by Right or Accessory Use in the Industrial Zone District(storage
of vehicles and equipment associated with a tree trimming
business) in the A(Agricultural)Zone District
LOCATION: West of and adjacent to CR 19; approximately 200 feet north of
CR 8.
THE PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE APPROVED 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 22-2-60D.A.4 of
the Weld County Code states: "Conversion 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 use is compatible
with the surrounding area.
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 any use permitted as a use by right or an accessory use in the industrial zone
districts 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. Two single family residences are located to
the south of the site, rural agricultural land is located to the north and east of the
site, an existing dairy is located to the southeast of the site, a dam and reservoir
comprises the western portion of the property. No responses expressing
concerns with this use have been received from surrounding property owners.
The vehicle and equipment storage area will be screened from adjacent
properties and rights of way by existing trees.
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 City of Dacono, in their
referral response received June 23, 2004, indicated no conflict with their interests
subject to the applicant satisfying two conditions. These conditions are
addressed through the attached conditions of approval.
e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
2004-2755
Resolution USR-1482
Michael Thompson
Page 2
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)
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 site is located on land that is designated as"irrigated, non-prime"per the
1979 USDA Prime Farmlands Map of Weld County.
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 recording the plat:
A. The plat shall be labeled USR-1482. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning
Services)
2. County Road 19 is designated on the Weld County Road Classification
Plan as a collector status road, which requires 80 feet of right-of-way at
full build out. There is presently 60 feet of right-of-way. A total of 40 feet
from the centerline of County Road 19 shall be delineated on the plat as
right-of-way reservation for future expansion of County Road 19. This
road is maintained by Weld County. (Department of 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 such shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
D. All vehicles located on the property must be operational with current license
plates, or be screened from all adjacent properties and public rights of way, or be
removed from the property. All other items considered to be part of a
noncommercial junkyard must also be removed from the property or screened
from adjacent properties and public rights-of-way. Evidence of such shall be
submitted to the Department of Planning Services. (Department of Planning
Services)
E. 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)
Resolution USR-1482
Michael Thompson
Page 3
2. Upon completion of 1. 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 mapsaco.weld.co.us.
(Department of Planning Services)
4. 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
Michael & Nicolette Thompson
USR-1482
1. The Site Specific Development Plan and Special Use Permit is for a use by right or
accessory use in the Industrial Zone Districts (storage of vehicles and equipment
associated with a tree-trimming business) 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. Business equipment and vehicles stored on site shall be limited to one pickup truck, one
flatbed truck, one chipper, one stumper grinder and one stump grinder as outlined in the
application materials. (Department of Planning Services)
4. The business shall be limited to one employee as outlined in the application materials.
(Department of Planning Services)
5. No outside repair or maintenance/oil changes shall be conducted with the exception of
routine maintenance. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health
and Environment)
7. 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. (Department of Public
Health and Environment)
8. 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)
9. 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)
10. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health
and Environment)
11. Adequate handwashing and toilet facilities shall be provided. (Department of Public
Health and 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 and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (Department of Public Health and Environment)
Resolution USR-1482
Michael Thompson
Page 2
14. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
(Department of Public Health and Environment)
15. 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)
16. A building permit shall be obtained prior to the construction of any new building.
(Department of Building Inspection)
17. Utilize the shared access point as no other additional accesses shall be granted to this
parcel. (Department of Public Works)
18. Off-street parking, including the access drive shall be surfaced with gravel or the
equivalent and shall be graded and drained to prevent drainage problems. (Department
of Public Works)
19. There shall be no parking or staging of vehicles on County Road 19. Utilize the on-site
parking only. (Department of Public Works)
20. 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)
21. Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-
11) (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240,Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
24. 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.
25. 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.
26. 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.
Resolution USR-1482
Michael Thompson
Page 3
Motion seconded by James Rohn
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Strobel
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 August 17, 2004.
Dated the 17th of August, 2004.
LVO0a h �
Voneen Macklin
Secretary
ii -
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 17, 2004
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24 Y� , Longmont, Colorado. The meeting was called to order by Chair, Michael
Miller, at 1:30 p.m.
F•�
ROLL CALL —�
rn
Michael Miller r.
Bryant Gimlin u
John Folsom
James Rohn •
Bruce Fitzgerald
Tonya Strobel Absent
Chad Auer
Doug Ochsner
James Welch Absent
Also Present: Pam Smith, Peter Schei, Don Carroll, Char Davis,Jacqueline Hatch, Chris Gathman
The following Cases will be continued:
CASE NUMBER: USR-1484
APPLICANT: James Stepanek
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of RE-1285; Pt S2SW4 of Section 31, T4N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review for a Use by Right in
the Industrial Zone Districts (sandblasting business) in the A (Agricultural)
Zone District
LOCATION: East of and adjacent to CR 1;Approximately 1 mile south of CR 40.
Chris Gathman,Department of Planning Services,read a letter requesting a continuance to September 21,2004
to allow for notification of mineral owners.
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.
Jacqueline Hatch,Department of Planning Services,read a letter requesting this case be continued indefinitely.
Required information has not been submitted. The business currently on site is being pursued in a violation
process.
The following Cases will be on the Consent Agenda:
CASE NUMBER: USR-1482
APPLICANT: Michael & Nicolette Thompson EXHIBIT
PLANNER: Chris Gathman (�
LEGAL DESCRIPTION: Lot A RE-808; Pt SE4 of Section 16, T1 N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review for a Use by Right or
Accessory Use in the Industrial Zone District (storage of vehicles and
equipment associated with a tree trimming business) in the A (Agricultural)
Zone District
LOCATION: West of and adjacent to CR 19; approximately 200 feet north of CR 8.
Chris Gathman,Department of Planning Services presented Case USR-1482,reading the recommendation and
comments into the record. The Department of Planning Services is recommending denial of the application
along with the Conditions of Approval and Development Standards.
John Folsom asked if the Development Standards had the hours of operation included in them? Mr. Gathman
stated that the scale of the business could include it, but it is not necessary. Mr. Folsom asked about
Condition 2D regarding the referral from Dacono and if those two Conditions had been addressed? One of those
recommendations is the property be annexed when it becomes eligible,should that be stated in the Conditions?
Mr. Gathman indicated it could be added but this is not something that has happened before. There is a
condition of approval that the applicant must attempt to address the recommendations from the City of Dacono.
James Rohn asked how the violation was discovered? Mr. Gathman was not sure of whether it was found by
staff or from a complaint. Mr. Rohn asked if this application met Section 22-2-170.1.C Policy 1.2 which is to
minimize the cost to County taxpayers providing additional public services in rural areas,that requires services
on an urban scale such as paved roads? Mr. Gathman indicated there was a paved road in the area and they
are located close to the City of Dacono. The scale of the use is not urban but they are off a paved road.
John Folsom asked if Tetra Tech has the authority to sign for the City of Dacono. Mr. Auer responded by
saying that as a past City Council Member they are a hired consultant. Mr. Folsom asked if there was a
violation on the property. Mr. Gathman indicated there was a pending violation.
Mike Thompson, applicant, added they are a small business. There are two trucks and two stump grinders.
There will be no work on the property the work is done on site. There will be no people on the property, he
works by himself. The business is very low scale.
John Folsom asked if the applicants sees the need for a bucket truck in the future? Mr. Thompson stated that
he does have a bucket truck listed in the application. Mr. Folsom stated that according to the USR they will
be limited to what is stated in the application. Mr. Thompson does not anticipate anything else. Mr. Folsom
asked what the difference between a stumper grinder and stump grinders. Mr. Thompson indicated he has a
large machine and small machine.
James Rohn asked if there was derelict vehicles that are part of a non conforming junkyard. Mr. Thompson
indicated he has a couple vehicles that will be removed from the site soon. Mr. Rohn added that there is a
Development Standards that states no outside maintenance or repair shall be done with the exception of routine
maintenance, where are the vehicles taken? Mr. Thompson stated that he does the routine oil changes but
they are taken off site for the larger problem. Mr. Miller added that the statement includes"with the exception
of routine maintenance" which covers the oil changes. The intent is to not bring in equipment to fix other
equipment.
John Folsom asked if there is a violation on this property. Mr. Gathman stated there is a violation pending the
outcome of this application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one chose to speak.
John Folsom moved that Case USR-1482, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. James Rohn seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes;
Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: PZ-629
APPLICANT: Dallas & Marjorie Schneider
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-2293; part of the NE4 of Section 30,T2N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural) to PUD (DalMar Estates) for nine(9)
lots with E (Estate)Uses (34 acres)and three(3)non-residential outlots(21
acres) open space.
LOCATION: South of and adjacent to CR 18; approximately'A mile east of CR 1.
John Folsom moved to approve the Consent Agenda. Doug Ochsner seconded. Motion carried.
The following Cases will be Heard:
CASE NUMBER: AmUSR-935
APPLICANT: Brittara Land Company LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-1331; part of the E2 SW4 of Section 36, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: 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, Agricultural and Supply Business) in the A
(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 38; approximately 1/2 mile west of CR 13.
Jacqueline Hatch,Department of Planning Services presented Case AmUSR-935,reading the recommendation
and comments into the record.The Department of Planning Services is recommending denial of the application.
If approved, staff is recommending the following changes to the Conditions of Approval:
1. 2.A.1 Section 22-2-170.C C Goal 3—Address the compatibility of commercial land uses with adjacent
land uses. There are three homes in close proximity to the site and a minor subdivision for nine
residential lots (MF-1017 Stamp) is located directly to the north of the site. USR-935 was originally
approved in 4999 1991 for an agricultural service establishment (agricultural and supply business).
Staff has noted that since August 2002 it does not appear that the site has been utilized. The
proposed amendment consists of expanding the use to include the storage and sale of landscape
material.
2. Development Standard 21. The applicant shall be responsible for applying dust suppressant
chemicals (magnesium chloride or calcium chloride)adjacent to the frontage of the operation and
on the haul route where there area any residential structure for approximately 300'on County
Road 38 that could be affected by heavy hauling from the site. The road shall be treated no less
than twice a year, as needed, or as directed by the Weld County Department of Public Works.
(Department of Public Works)
John Folsom asked if the reason for denial was based on compatibility? Ms. Hatch indicated that the use
has intensified with the addition of landscape and a retail component as well as the close proximity of
homes in the area. Mr. Folsom indicated that there are code sections that can go both ways. Mr. Folsom
quoted Section 22-260 B.a.4 and Section 23-3-40.R indicating both could be used in favor and against this
application. There is a counter balance as to which section is quoted.
James Rohn asked how it was determined the site was not utilized since 2002? Ms. Hatch stated that
when the Stamp Subdivision began in 2002, staff did not observe any operation at the time or since then.
Mr. Rohn asked about the homes in the area and why they are a concern in this case since the application
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