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Home My WebLink About20031651 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS �^1 Moved by James Rohn,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-1398 APPLICANT: Rodney and Susan Cole PLANNER: Chris Gathman LEGAL DESCRIPTION: Lot B of RE-3159; part of the NW4 of Section 1, T1 N, R64W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Use Permit for a Use by Right in the Industrial Zone District (parking of vehicles & trailers) as a use by special review in the A(Agricultural)Zone District. LOCATION: East of and adjacent to WCR 59; 1/2 mile north of Highway 52. 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 ordinances in effect. A.Goal 7 states "Protect agricultural land from encroachment by those urban uses which hinder the operational efficiency and productivity of the agricultural uses." The site currently consists of an existing residence and barn. Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of neighboring agricultural uses. 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.B of the Weld County Code provides for Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis as a Use by Special Review in the (A) Agricultural Zone District. The two trucks to be stored on site would be used to transport produce grown in Weld County. c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Neighboring land uses consist of cropland, a single family residence located across Weld County Road 59, and a single-family residence being constructed to the north of the site. Conditions of Approval and Development Standards will effectively mitigate impacts to neighboring properties. The applicant is proposing in their application to plant Austrian Pines and poplar trees to the west and south of their residence, barn and parking area. 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 Chapter22 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 is not located within an Urban Growth Boundary or Intergovernmental Agreement Area. The site is located within the three-mile referral area for the town of Keenesburg. Keenesburg indicated no conflicts with their interests in their referral response received August 22, 2002. e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The site does not lie within any Overlay Districts. EXHIBIT 2003-1651 a4W3 Resolution USR-1398 Rodney Cole Page 2 /'"e` 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. Section 22-2-60 A.1 states "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." This parcel is located on land designated as"Prime(Irrigated)" land according to the 1979 USDA-Soil Conservation Service Important Farmlands of Weld County map. However, the site is small (five acres)and has an existing house and barn. The size of the lot makes agricultural production impractical on this property. 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. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department of Planning Services) 2. Prior to recording the plat: A. The applicant shall attempt to address the recommendations of the Southeast Weld Soil Conservation District in the referral received August 20, 2002. Written evidence of such shall be submitted to the Department of Planning Services. (Southeast Weld Soil Conservation District) B. The plat shall be amended to delineate the following: 1. The plat shall be titled "Use by Special Review 1398". (Department of Planning Services) 2. Weld County Road 59 is designated on the Weld County Transportation Plan Map as a local gravel road,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 Weld County Road 59 shall be delineated right-of-way on the plat. (Department of Public Works) 3. Off-street parking spaces and access drives shall be delineated on the plat. (Department of Planning Services) 4. The proposed surface for the proposed parking lots and access drive (gravel, asphalt, concrete, or equivalent) as approved by the Department of Public Works shall be indicated on the plat. (Department of Planning Services) 5. The height and caliper of the proposed trees shown on the plat shall be indicated. (Department of Planning Services) 6. Storm water retention facilities as outlined in the Department of Public Works referral dated August 27, 2002 shall be indicated. (Department of Planning Services) Resolution USR-1398 Rodney Cole Page 3 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 Recorded Exemption/Subdivision Exemption/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 mapseco.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) 6. In the event existing barn is to be used for maintenance of the tractor trailers in the future: A. The applicant shall address the requirements of the Weld County Department of Building Inspection as outlined in their referral received August 14, 2002. (Department of Building Inspection) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Rodney & Susan Cole USR-1398 1. The Site Specific Development Plan and Special Review Permit for a a Use by Right, an Accessory Use, or a Use by Special Review in the Industrial Zone Districts (tractor trailer storage for two agricultural produce transport trucks) in the A(Agricultural) Zone District. (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. No outside repair or maintenance/oil changes shall be conducted with the exception of routine maintenance. (Department of Planning Services) 4. The site shall be limited to the parking and storage of no more than two tractor trailer trucks. (Department of Planning Services) 5. 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. (Department of Public Works) 6. Stormwater runoff shall be contained at the site and released at a historical rate. (Department of Public Works) 7. All drainage (runoff) from the parking and storage area shall be prevented from running into the Loline Ditch. (Henrylyn Ditch Irrigation Company) 8. All li quid and solid wastes (as defined i n the Solid Wastes Disposal Sites and F acilities 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. 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) 9. 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) 10. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 11. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 12. Adequate hand washing and toilet facilities shall be provided. (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) 14. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Weld County Code,the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. Resolution USR-1398 Rodney Cole Page 2 17. Personnel from the Weld County Departments of Public Health and Environment and Planning Services 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. 18. 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. 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Fred Walker Michael Miller John Folsom John Hutson Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Bernard Ruesgen 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 May 20, 2003. Dated the 20th of May, 2003. Vc u - -DT1Ctc L Voneen Macklin Secretary Hello