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Home My WebLink About20173426.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Sparrow, 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: USR 17-0037 TIMOTHY & ERIN ARTER DIANA AUNGST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY 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 (COMMERCIAL TRUCK PARKING) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT PART LOT A REC EXEMPT RE -680; PART SE4 SECTION 13, T2N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. WEST OF AND ADJACENT TO CR 49 AND APPROXIMATELY 0.5 MILE SOUTH OF CR 22. 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 - A. Goal 7 states, "County land use regulations should protect the individual property owner's right to request a land use change." And 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 applicant is requesting a Use by Special Review permit for parking of three (3) commercial trucks. The application materials state that there are four (4) employees including the owner. Hours of operation are 7:00 a.m. to 6:00 p.m. Monday thru Friday. The applicant has stated that no new landscaping or fencing is being proposed. Staff is not recommending additional landscaping as the trucks are to be parked inside a building and there is no outdoor storage. Section 22-2-20.H - A. Goal 8. states, "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." The residence on the site was built in 1984 and the outbuildings were built in 1996. A domestic well (#177800) and a septic system (#G19940270) permitted for 4 bedrooms serve the existing residence. The application indicates there are three (3) employees plus the owner. A portable toilet and bottled water will be used for employees who are on site for 2 consecutive hours or less. Adequate services and facilities are available on the site. Section 22-2-20.1 - A. Policy 9.2. states, "Consider the individuality of the characteristics and the compatibility of the region of the County that each proposed land use change affects, while avoiding requirements that do not fit the land use for that specific region." RESOLUTION USR17-0037 TIMOTHY & ERIN ARTER PAGE 2 The applicant has 3 trucks from which he sells tools to farmers, ranchers. and those who work in the oil and gas business among others. About 20 acres of the 32.9 -acre site are in crop. The proposed use is in an area that can support this development and the Development Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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.S. which allows a Site Specific Development Plan and Use by 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 (commercial truck parking) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. The applicant has 3 trucks from which he sells tools to farmers, ranchers, and those who work in the oil and gas business among others. Section 23-3-10 — Intent states, "The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right. " The proposed USR is in an area that can support this development and the Development Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops. and rural residences. The closest residence is about 700 feet east of the site There are five (5) USRs within one mile of this site USR-1519 for a home business and USR-1690 for an oil and gas production facility are located north of the site. USR-650 for a kennel for 150 greyhounds and USR-1 143 for 493 -foot radio tower are located south of the site. SUP -439 for an electrical substation and 115 kv powerlines runs along the west property line. The Weld County Department of Planning Services has received one letter from Front Range Resources with concerns about trucks entering CR 49. The Department of Public Works is reviewing the traffic and will make a determination about any safety improvements that might be required_ 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 a three (3) mile referral area of the Town of Hudson. The Town of Hudson did not respond with any referral agency comments. The site is not located within any existing Intergovernmental Agreement Area (IGA) of a municipality. Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. of the Weld County Code. The site is not in an Airport Overlay District. a Geologic Hazard Overlay District. or 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 RESOLUTION USR17-0037 TIMOTHY & ERIN ARTER PAGE 3 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 primarily located on soils designated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR will not take any Prime (Irrigated) Farmland out of production G 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 map. A. The map shall be amended to delineate the following - 1) All sheets of the map shall be labeled USR17-0037 (Department of Planning Services) 2) The attached Development Standards (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code (Department of Planning Services) 4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5) The map shall delineate the existing landscaping and/or screening. (Department of Planning Services) 6) The map shall delineate the lighting. if applicable. (Department of Planning Services) 7) All signs shall be shown on the map and 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) 8) County Road 49 is designated on the Weld County Functional Classification Map as an arterial road which typically requires 140 feet of right-of-way at full build out Weld County is currently in the process of widening this corridor. The alignment of the road widening project varies along the section line for the corridor Contact Public Works for the location of the existing and future right-of-way and easements and delineate these on the site plan. (Department of Public Works) 9) Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii (60') on the site plan. (Department of Public Works) 10) Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed In no event. shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) RESOLUTION USR17-0037 TIMOTHY & ERIN ARTER PAGE 4 11) The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer) 12) Show and label the parking on the property. (Department of Planning Services -Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit 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 map 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 map 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 be 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 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 map 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) Motion seconded by Lonnie Ford VOTE For Passage Against Passage Bruce Sparrow Terry Cross Tom Cope Gene Stille Lonnie Ford Absent Bruce Johnson Jordan Jemiola Michael Wailes 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 October 3. 2017. Dated the 3r" of October. 2017 Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Timothy & Erin Arter USR17-0037 A Site Specific Development Plan and Use by Special Review Permit. USR17-0037, 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 (commercial truck parking) provided that the property is not a lot in an approved or recorded subdivision plat or lots part 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 7 00 6:30 a.m. to 6:00 p.m. Monday thru Friday (Department of Planning Services) 4. The number of employees shall be 4. (Department of Planning Services) 5. The number of commercial vehicles shall be limited to three (3) and stored inside a building. (Department of Planning Services) 6. Any 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) 7. The existing landscaping on the site shall be maintained. (Department of Planning Services) 8. The property owner shall control noxious weeds on the site. (Department of Public Works) 9. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 12. 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) 13. 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) 14. 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) 15. 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) 16. 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) RESOLUTION USR17-0037 TIMOTHY & ERIN ARTER PAGE 6 17. 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) 18. 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) 19. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 20. 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) 21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. 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) 22. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes: 2006 International Energy Code: 2014 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 23. 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. 24. 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. 25. 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. 26. 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. RESOLUTION USR17-0037 TIMOTHY & ERIN ARTER PAGE 7 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 27 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. itit.► keS 'o-%r►�- SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. October 3. 2017 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, Terry Cross, at 12:30 pm. Roll Call. Present: Bruce Sparrow. Gene Stifle, Lonnie Ford. Terry Cross, Tom Cope. Absent_ Bruce Johnson. Jordan Jemiola. Michael Wades Also Present Kim Ogle. Chris Gathman, and Michelle Martin. Department of Planning Services: Hayley Balzano. Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell, Department of Health: Evan Pinkham, Public Works: Bob Choate. County Attorney, and Kris Ranslem, Secretary Motion: Approve the September 19, 2017 Weld County Planning Commission minutes, Moved by Tom Cope, Seconded by Bruce Sparrow Motion passed unanimously. CASE NUMBER USR17-0037 APPLICANT TIMOTHY & ERIN ARTER PLANNER DIANA AUNGST REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY 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 (COMMERCIAL TRUCK PARKING) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION PART LOT A REC EXEMPT RE -680 PART SE4 SECTION 13. T2N. R65W OF THE 6TH P M . WELD COUNTY COLORADO LOCATION WEST OF AND ADJACENT TO CR 49 AND APPROXIMATELY 0 5 MILE SOUTH OF CR 22. Michelle Martin, Planning Services. presented Case USR17-0037, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. 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. Timothy Arter, 9405 CR 49. stated that he is requesting three (3) commercial trucks enclosed within a building on site. These trucks are similar to delivery trucks. He employs three employees who arrive at the site at 6'30 am, depart the site at 7 am and leave for home from the site at 6 pm. This property is still a home and farm to his family and this request is only to store the commercial trucks within a building. Commissioner Cope suggested amending his hours of operation if the employees are arriving to the property earlier than 7 am or later than 6 pm 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 about amending the development standard regarding the hours of operation Ms. Martin recommended amending Development Standard 3 to read "The hours of operation are 6: I . u • 6 pm". 1 Additionally. she recommended adding a new Development Standard 5 to read "The number of commercial vehicles shall be limited to three (3) and stored inside a building" Motion: Amend Development Standard and add a new Development Standard 5 as recommended by Staff. Moved by Bruce Sparrow, Seconded by Tom Cope Motion carried unanimously The Chair asked the applicant if they have read through the amended 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 USR17-0037 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 Gene Stille, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Bruce Sparrow, Gene Stille. Lonnie Ford. Terry Cross, Tom Cope. Meeting adjourned at 2:59 pm Respectfully submitted. a644661-1--- eanthikt, Kristine Ranslem Secretary 2 Hello