The URL can be used to link to this page

Browse Search

Home My WebLink About20010504 - BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Michael Miller 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: PLANNER: Julie A. Chester CASE NUMBER: USR-1312 APPLICANT: Leslie Adams 4715 WCR 2, Brighton, CO 80601 REQUEST: A Site Specific Development Plan and a 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(Outdoor Storage for Recreational Vehicles and Boats-Phase I and Enclosed Storage Units-Phase II) in the A(Agricultural)Zone District LEGAL DESCRIPTION: Lot A of RE-1507, being part of the SE4 of Section 35, Townshipl North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 2, approximately 1/2 mile east of 1-25 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 2 allows for commercial and industrial uses to locate in the Agricultural Zone District when the impact to surrounding properties is minimal, and where adequate services and infrastructure are available. The Development Standards,Conditions of Approval,and Operations Standards will effectively mitigate any adverse impacts to surrounding areas, and the property is currently being served by the Mountain View Water Users District and an Individual Sewage Disposal System. A. Goal 1 also encourages the preservation of prime farmland for agricultural purposes. The property is designated as prime and other lands on the U.S.D.A.Soils Map. No prime farm ground will be taken out of production, due to the current small size of the parcel. 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 as a Use by Special Review in the A (Agricultural) Zone District. Certain Commercial Zone Districts allows for limited storage, as long as the storage is screened or enclosed within a building. The Industrial Zone, in particular the 1-3 Zone District, allows for outside storage. Screening is addressed for both zone districts through the Performance Standards during a Site Plan Review. The Department of Planning Services' is responsible for determining the amount of screening or landscaping based on compatibility issues. EXHIBIT a IU52001-0504 2 # oia- RESOLUTION, USR-1312 Leslie Adams Page 2 c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding land uses include Agricultural uses to the north, east and west and a subdivision under construction to the south. The City of Broomfield surrounds the property on the north, east and west and to the south in Adams County. There is a proposal within the City of Broomfield for a zone change on a majority of the surrounding property. 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 cities of Broomfield, Northglenn and Thornton are all within 500'of the proposal. Broomfield's primary concern was the outside storage of recreational vehicles and boats. The city is not opposed to the longer term use of the property with enclosed storage units. Thornton did not return their referral and Northglenn found no conflicts with their interests, however did recommend an additional right-of-way dedication on Weld County Road 2. Conditions of Approval and Development Standards address the concerns of Broomfield and Northglenn. e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area 3. The property is also located in a Geologic Hazard Area and will be required to submit,and have approved,a Geological Hazard Permit prior to construction on the property. These issues will be addressed through Conditions of Approval and Development Standards. 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. As stated previously, the property is designated as prime and other lands on the U.S.D.A. Soils Map and is only six acres, which does not constitute a parcel as prime farmground. 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. 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 scheduling a Board of County Commissioners hearing: RESOLUTION, USR-1312 Leslie Adams Page 3 A. The applicant shall submit evidence, to the Department of Planning Services, that the Mountain View Water Users have no additional issues for the water tap for the use of the storage of recreational vehicles and boats,as well as the enclosed storage units. Evidence shall be in written form, as an agreement with the water district. (Department of Planning Services) 3. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) The approved Landscape/Screening Plan. (Department of Planning Services) 2) An additional twenty(20)feet for right-of-way reservation for full-build out of WCR 2 (168th Avenue). (Public Works) 3) The off-street parking area, including the access drive shall be surfaced with recycled asphalt gravel, asphalt or an equivalent material. A typical cross section shall be shown on the plat. (Public Works) 4) The approved drainage and retention area. (Public Works) 5) The attached Development Standards shall be placed on the plat. (Department of Planning Services) B. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed,the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) C. The applicant shall submit and have approved, a Geological Hazard Permit, prepared by a Colorado Registered Professional Engineer, as indicated in Article V, Division 2 of the Weld County Code. (Department of Planning Services) D. The applicant shall submit written evidence to the Department of Planning Services indicating how the recommendations of the Colorado Geological Survey, as indicated in their referral response received on December 27, 2000, have been addressed. (Department of Planning Services) E. The applicant shall submit a detailed Landscape/Screening Plan to the Department of Planning Services for review and approval. The plan shall address the maintenance of the landscaping and screening, as well as the replacement of dead, dying or decaying plant materials. (Department of Planning Services) F. The City of Broomfield has jurisdiction over all accesses on the portion of WCR 2 adjacent to the property. Please contact the City of Broomfield to verify the access permit or for any additional requirements that may be needed to obtain or upgrade an access permit for the Special Use Permit activity. Written evidence of adequate access shall be submitted to the Department of Planning Services. (Departments of Planning Services, Public Works) RESOLUTION, USR-1312 Leslie Adams Page 4 G. A storm water drainage report shall be submitted to the Departments of Planning Services and Public Works for review and approval. The report shall be prepared by a Registered Professional Engineer, licensed in the State of Colorado. The report shall be prepared, certified, and signed by such engineer. (Public Works) H. Prior to any work on the site, which may involve the excavation or the discharges of dredged or fill material into waters of the United States which may include ephemeral, intermittent and perennial streams, lakes, ponds or wetlands, the property shall be examined for these areas pursuant to the Section 404 of the Clean Water Act. All of these areas shall be delineated and mapped. Written evidence of such,shall be submitted to the Department of Planning Services. (Army Corps of Engineers) The applicant shall attempt to address the requirements or concerns of the Greater Brighton Fire Protection District, as stated in the referral response received December 28, 2000. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (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) Motion seconded by Cathy Clamp. VOTE: For Passage Against Passage Absent Cristie Nickles Fred Walker John Folsom Arlan Marrs Michael Miller Bryant Gimlin Jack Epple Stephen Mokray Cathy Clamp 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, Trisha Swanson, 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 February 6, 2001. Dated the 6`" ofFebruaarry ,, 2001. r AA- Trisha Swanson Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Leslie Adams USR-1312 1. The Site Specific Development Plan and Special Use Permit is 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 (Outdoor Storage for Recreational Vehicles and Boats-Phase I and Enclosed Storage Units-Phase II) 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 hours of operation are from 9:00 a.m. to 6:00 p.m., seven days a week, as indicated in the application materials. (Department of Planning Services) 4. All proposed or existing structures will or do meet the minimum setback and offset requirements for the Agricultural Zone District. (Department of Planning Services) 5. Any lighting used to illuminate the storage area, outside activity area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone and from public road rights- of-way. Any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties;neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. (Department of Planning Services) 6. The enclosed storage buildings shall meet all building and fire codes. (Department of Planning Services) 7. The storage buildings shall be painted with an earth-tone color, approved by the Weld County Department of Planning Services, to blend into landscaping of the area. The structures must be kept in good repair at all times. (Department of Planning Services) 8. All items within the storage unit area must be stored within the structures at all times. No outdoor storage will be allowed during the Phase II portion of this permit once 50%of the enclosed units are constructed. Prior to the certificate of occupancy on the fourth building, all outside storage shall be removed or stored within the enclosed structures. (Department of Planning Services) 9. A trash receptacle must be provided for the public and must be screened from all adjacent properties and public rights of way. (Department of Planning Services) 10. Any proposed signage shall require appropriate building permits and be constructed in accordance with Article IV, Division II, Section 23-4-90 of the Weld County Code. (Department of Planning Services) 11. The property shall, at no time, store any Derelict Vehicles or have on the premise a Non- Commercial Junkyard, as defined in Section 23-1-90 of the Weld County Code. (Department of Planning Services) 12. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 101, C.R.S.) shall be stored and removed for final disposal in a manner that protects surface and groundwater contamination. (Department of Public Health and Environment) 13. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 14. 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) 15. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 16. 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) 17. Adequate toilet facilities shall be provided for the public. The public shall be allowed to utilize the toilet facilities located in the residence. (Department of Public Health and Environment) 18. The facility shall utilize the existing public water supply(Mountain View Water Users). (Department of Public Health and Environment) 19. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area 3. (Department of Planning Services) 20. The landscaping and screening on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 22. 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. 23. 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. 24. 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. Hello