HomeMy WebLinkAbout20013163.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution, along with the amendments to Development
Standards 3, 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-1355
Applicant: Lucerne Inc./Ralph Anders
Address: 33041 Railroad Ave., P.O. Box 14, Lucerne, CO 80646
Request: A Site Specific Development Plan and a Special Review Permit
for an Agricultural Service Establishment primarily engaged in
performing agricultural, animal husbandry, or horticultural services
on a fee or contract basis, including seed production, processing,
storage, mixing, blending and sales (storage and distribution of
bagged seed and equipment storage) in the Agricultural Zone
District.
Legal Description: Pt. of the E2SE4 of Section 18, Township 6 North, Range 65
West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Maple Street and east of and adjacent to
Railroad Avenue
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-
260 of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has 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 1 states, "Preserve prime
farmland for agricultural purposes which foster the economic health and continuance of
agricultural." The U.S.D.A. Soil Conservation Map indicates that the property is
designated as"Other". Also, the size of the parcel is not conducive to farming. A. Policy
1 states "Agricultural zoning will be established and maintained to protect and promote
the County's agricultural industry." The proposal will benefit agricultural producers who
both buy and sell seed products to Lucerne Inc.
b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-40.8.9 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, including seed production,
processing, storage, mixing, blending and sales 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. Lucerne Inc. has an existing operation directly to the
4. EXHIBIT
2001-3163 2
/355
RESOLUTION, USR-1355
Lucerne Inc.
Page 2
west of this proposed site which is located on property that is zoned C-3 (Business
Commercial). The parcels to the north, south and east are zoned A(agricultural)and
are located in the town of Lucerne. The property located to the south consists of offices,
including the Cache La Poudre Irrigation Company. The property to the north is vacant
and to the east is a residence. The addition of a seed storage building will remain
compatible with the existing and adjacent land uses.
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 referral areas of the Town of Eaton and
the City of Greeley. The Town of Eaton indicated they have no conflicts with this
request and the City of Greeley did not respond.
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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 U.S.D.A.
Soils Map indicate that the soils on the property are designated "Other" in addition the
property is only .75 acre in size, thus no"Prime"agricultural land will be taken out of
production.
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 Commissions 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 plat shall be amended to delineate the following:
1) Flow arrows which identify how the drainage will be detained or leave the site
through historical drainage pattern. (Department of Public Works)
2) Parking spaces (including A.D.A. requirements)and paved areas adjacent to
the dry storage building. (Department of Public Works)
r^ RESOLUTION, USR-1355
Lucerne Inc.
Page 3
3) Conformance with Section 23-2-260.D of the Weld County Code. (Department
of Planning Services)
D. A landscape plan shall be submitted to and approved by Weld County Department of
Planning Services. (Department of Planning Services)
3. 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
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Cristie Nicklas
Cathy Clamp
Stephan Mokray
John Folsom
r^ Lous Llerena
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 16, 2001.
Dated the 16th of October, 2001.
Voneen Macklin
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lucerne Inc.
USR-1355
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis,including seed production,processing,storage,mixing,blending
and sales(storage and distribution of bagged seed and equipment storage) 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. Hours of operation shall be from sunrise to sunset, Monday through Saturday. Hours of operation
may be extended with specific permission from the Weld County Board of County Commissioners.
(Department of Planning Services)
4. All vehicles shall be parked on the west side of the building, adjacent to Railroad Avenue.
(Department of Planning Services)
5. Vehicle traffic shall approach and depart the site via Railroad Avenue. (Department of Planning
Services)
6. Outside storage of equipment shall be screened from adjacent properties. (Department of Planning
Services)
7. 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)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health 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. 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., as amended. (Department of Public Health and
Environment)
12. The employees shall be allowed to use the handwashing and toilet facilities at the main office.
(Department of Public Health and Environment)
13. The employees shall be allowed access to an adequate water supply for drinking and sanitary
purposes at the main office. (North Weld Water District). (Department of Public Health and
Environment)
/-. RESOLUTION, USR-1355
Lucerne Inc.
Page 2
14. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
15. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
17. Personnel from the Weld County Departments of Public Health and Environment,Public Works 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.
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Planner: Lauren Light
Case Number: USR-1355
Applicant: Lucerne Inc./Ralph Anders
Address: 33041 Railroad Ave., P.O. Box 14, Lucerne, CO 80646
Request: A Site Specific Development Plan and a Special Review Permit
for an Agricultural Service Establishment primarily engaged in
performing agricultural,animal husbandry,or horticultural services
on a fee or contract basis, including seed production, processing,
storage, mixing, blending and sales (storage and distribution of
bagged seed and equipment storage) in the Agricultural Zone
District.
Legal Description: Pt.of the E2SE4 of Section 18,Township 6 North,Range 65 West
of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Maple Street and east of and adjacent to
Railroad Avenue
Lauren Light,Department of Planning Services presented Case USR-1355,reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards.
Ralph Anders, provided further clarification with regards to the development. This request is due to the fact
that the business has a need for additional storage.
Cathy Clamp asked about the daily truck traffic. Mr. Anders indicated that seed was a seasonal thing,
therefor there was no way to determine the actual amount of traffic. At certain times it would be greater than
others.
Michael Miller asked about the limit of hours of operation. Mr. Anders indicated that he needs to have
additional Saturday operation hours.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Luis Llerena motioned to amend Development Standard 3 to state that the"hours of operation will be from
sunrise to sunset from Monday thru Saturday". Cristie Nicklas seconded.
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;Cathy Clamp,yes;Cristie Nicklas,yes;Luis Llerena,
yes. Motion carried unanimously.
Cristie Nicklas moved that Case USR-1355, along with the amendments, be forwarded to the Board of
County Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Stephan Mokray 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;Cathy Clamp,yes;Cristie Nicklas,yes;Luis Llerena,
yes. Motion carried unanimously.
j EXHIBIT
Case Number USR-1350
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