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HomeMy WebLinkAbout20170116BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Johnson, 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 APPLICANT. PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR16-0036 R 16-0036 DENISE TOLMICH & JUAN RAMIREZ CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (PARKING AND STAGING OF TRUCKS AND EQUIPMENT ALONG WITH MINOR TRUCK AND EQUIPMENT MAINTENANCE AND AN OFFICE ASSOCIATED WITH A TRUCKING COMPANY). PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RE -2448; PART SW4 SECTION 10, T1N, R66W OF THE 6TH P.M , WELD COUNTY. COLORADO. APPROXIMATELY 1.350 FEET NORTH OF CR 10 AND APPROXIMATELY 2.600 FEET WEST OF CR 33 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 22-2-20.G 2 A.Policy 7.2.states. "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The proposed use is located on Agricultural zoned land that is covered with a residence and existing outbuildings Section 22-2-20.1 A Goal 9 states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses.' A number of conditions of approval and development standards are proposed to address potential impacts of this use including noise standards, limits on number of employees and vehicles, limits on hours of operation are attached, Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County Code for any use permitted as a Use by Right. an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts. (Parking of trucks and equipment along with an office associated with a trucking company), provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. EXHIBIT 1 or RESOLUTION USR16-0036 DENISE TOLMICH & JUAN RAMIREZ PAGE 2 The site is located on an access easement approximately 1.380 feet north of County Road 10. A total of 9 (nine) single-family residences are located within approximately 0.25 miles of the proposed USR site. One (1) single-family residence share the access easement with the applicant. A number of development standards and conditions of approval are attached to address the potential impacts from this use including noise limits, limits on hours of operation, maximum limits on number of employees and vehicles. Given the proximity to existing residences the Department of Planning Services is requiring screening of the site. 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 is located within the three (3) mile referral area of the City of Brighton, City of Fort Lupton and Town of Lochbuie. The City of Fort Lupton in their referral comments, dated September 29. 2016, indicated that they would like to discuss the potential for annexation with the applicant. No referral response has been received from either Brighton or Lochbuie. Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and XI. of the Weld County Code. The site is not in a floodplain. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 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 facility is located on approximately 4.99 acres delineated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 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 can 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 recording the plat: A. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR16-0036. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) RESOLUTION USR16-0036 DENISE TOLMICH & JUAN RAMIREZ PAGE 3 3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld County Code. (Department of Planning Services) 4 The truck parking area (in areas not already screened by existing buildings) shall be screened from adjacent residential properties by either live landscaping and/or a wooden, vinyl or metal fence. (Department of Planning Services) 5. Show and label the approved access (AP16-00485). and the appropriate turning radii on the site plan. (Department of Public Works) 6. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 7. The applicant shall indicate specifically on the map the type of right-of-way/easement and indicate whether it is dedicated. private, or deeded to provide adequate access to the parcel. (Department of Planning Services - Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map 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 the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) 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. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012. should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf. .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet). ..etc.). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of Planning Services - Engineer) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property. until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) RESOLUTION USR16-0036 DENISE TOLMICH & JUAN RAMIREZ PAGE 4 Motion seconded by Michael Wailes. VOTE For Passage Bruce Johnson Bruce Sparrow Cherilyn Barringer Joyce Smock Michael Wailes Terry Cross Tom Cope Gene Stille Against Passage Absent Jordan Jemiola 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, Kristine Ranslem, 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 December 20. 2016. Dated the 20th of December, 2016 /41i-tainitu Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Denise Tomilch and Juan Ramirez USR16-0036 A Site Specific Development Plan and Use by Special Review Permit. USR16-0036, for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts (Parking of trucks and equipment along with an office associated with a trucking company), provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, 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 5:00 a.m. — 7:00 p.m. Monday — Sunday (Department of Planning Services) 4. The maximum number of employees (not including family members residing on -site) shall be fifteen (15). (Department of Planning Services) 5. The maximum number of commercial vehicles shall be limited to (15) fifteen. (Department of Planning Services) 6. The parking area on the site shall be maintained. (Department of Planning Services) 7. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the site. (Department of Planning Services) 8. All signs shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 9. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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) 11. 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. Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 12. 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. The applicant shall operate in accordance with Chapter 14. Article 1 of the Weld County Code. (Department of Public Health and Environment) 13. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations (Department of Public Health and Environment) 14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 15. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time employees on site, portable toilets and bottled water are acceptable Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) RESOLUTION USR16-0036 DENISE TOLMICH & JUAN RAMIREZ PAGE 6 16. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment) 17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The domestic well (permit 257775) shall be re -permitted to commercial if used in conjunction with the business. (Department of Public Health and Environment) 18 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 19. The property owner or operator shall be responsible for controlling noxious weeds on the site. pursuant to Chapter 15, Article I and II. of the Weld County Code. (Department of Public Works) 20. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 22. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 23. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected. light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 24. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently. the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 25. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code, 26. Necessary personnel from the Weld County Departments of Planning Services. Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 27. The Use by 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. 28. 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 USR16-0036 DENISE TOLMICH & JUAN RAMIREZ PAGE 7 29. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources. including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan. calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover. these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife. lack of city noise and congestion. and the rural atmosphere and way of life. Without neighboring farms. those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts. including noise from tractors and equipment: slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads: odor from animal confinement, silage and manure; smoke from ditch burning: flies and mosquitoes: hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas. in many cases. will not be equivalent to municipal services. Rural dwellers must, by necessity. be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs. puncture vines, territorial farm dogs and livestock. and open burning present real threats. Controlling children's activities is important. not only for their safety. but also for the protection of the farmer's livelihood. �C k it.vvWS SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 20, 2016 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building. Hearing Room. 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Bruce Sparrow, at 12:36 pm. Roll Call Present: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille. Joyce Smock. Michael Wailes, Terry Cross. Tom Cope. Absent: Jordan Jemiola. Also Present: Chris Gathman. Department of Planning Services; Hayley Balzano. Department of Planning Services - Engineering Division, Lauren Light. Department of Health: Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the December 6, 2016 Weld County Planning Commission minutes, Moved by Bruce Johnson. Seconded by Joyce Smock Motion passed unanimously. CASE NUMBER: APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR16-0036 DENISE TOLMICH & JUAN RAMIREZ CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (PARKING AND STAGING OF TRUCKS AND EQUIPMENT ALONG WITH MINOR TRUCK AND EQUIPMENT MAINTENANCE AND AN OFFICE ASSOCIATED WITH A TRUCKING COMPANY), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LOT B REC EXEMPT RE -2448, PART SW4 SECTION 10, T1 N. R66W OF THE 6TH P M., WELD COUNTY. COLORADO. APPROXIMATELY 1.350 FEET NORTH OF CR 10 AND APPROXIMATELY 2,600 FEET WEST OF CR 33 Chris Gathman, Planning Services, presented Case USR16-0036. reading the recommendation and comments into the record. Because of the number of adjacent residences. staff is recommending a landscape/screening plan. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Wailes asked how two (2) accesses can run parallel to each other. Mr. Gathman said that the access roads are both private easements. However. he added that it is unusual to have two accesses that close together. Evan Pinkham, Public Works. reported on the existing traffic and access to the site. Hayley Balzano. Engineering. reported on the drainage conditions for the site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. on -site dust control, and the Waste Handling Plan. Denise Tolmich and Juan Ramirez. RAMCO Trucking. stated that they are requesting to park their trucks and equipment on their property Ms Tolmich said that if they ever get to a certain size they intend to move the business off site because they want to maintain this property as their home. She said that they work from home because their daughter has special needs and they raise their daughter at home. d D .O S EXHIBIT 0l% • 1 Commissioner Wailes asked what type of material they haul. Mr. Ramirez said that they haul dirt and aggregate type material. He added that there will be no storage of material on site. Commissioner Johnson asked how many drivers and trucks they currently have. Mr. Ramirez said that he has 10 trucks and five (5) employees right now that rotate the trucks. He added that they have included up to 15 trucks in their application for future growth. Commissioner Sparrow asked to clarify what kind of storage they will have on site. Mr. Ramirez said they would store an enclosed trailer that will hold some of their portable tools. Commissioner Johnson asked how close the adjacent neighbors are_ Ms. Tolmich said that the access they have is not utilized by any of the adjacent landowners Additionally, they have talked with all their neighbors and they indicated that their neighbors are not opposed to it. Mr. Gathman said that the applicants are 600 to 700 feet from the nearest home_ Mr. Johnson expressed concern about the noise from the trucks. Ms. Tolmich said that there are trucks currently in the neighborhood and haven't heard any concern about the noise. Mr. Gathman said that they have hours of operation listed are from 5 am to 7 pm Monday through Sunday. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those_ The applicant replied that they are in agreement_ Motion: Forward Case USR16-0036 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow. Cherilyn Barringer, Gene Stille, Joyce Smock, Michael Wailes. Terry Cross. Tom Cope. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak Meeting adjourned at 1:09 pm. Respectfully submitted, 444.6L2in_ Kristine Ranslem Secretary 2 Hello