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HomeMy WebLinkAbout20171993.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Cherilyn Barringer, 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 USR17-0010 WILLIAM WORRELL. C/O BOOTH MOTORS 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. 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 (SHOP FOR LIGHT BODY WORK AND STORAGE OF PARTS ALONG WITH THE OCCASIONAL OUTDOOR PAINTING OF BUMPERS AND FENDERS, ETC ) IN THE A (AGRICULTURAL) ZONE DISTRICT LOT B RECORDED EXEMPTION RE -1137. LOCATED IN PART OF THE NE4 OF SECTION 17. T3N R68W OF THE 6TH P M WELD COUNTY. COLORADO WEST OF AND ADJACENT TO CR 5 AND APPROXIMATELY 1.250 FEET SOUTH OF CR 34 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 22-2-10 A_Policy 7.2. 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. There are several conditions of approval attached including limiting the number of employees, requiring indoor storage. and limiting the amount of outdoor painting to mitigate the impacts of the proposed use 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 allows 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. 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 as a Use by Special Review Permit in the A (Agricultural) Zone District. 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 attached development standards and conditions of approval (limits of number of employees. not allowing outside storage. requiring the applicant to address fire district requirements) will adequately mitigate the impacts of the use. C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses EXHIBIT l 0 RESOLUTION USR17-0010 WILLIAM WORRELL, O/O BOOTH MOTORS PAGE 2 The site is located approximately '/4 mile to the north of a dairy facility (2" AMUSR-686) Three (3) single-family residences are located to the north of the site A USR for parking and maintenance of carnival equipment is located approximately 750 feet to the northeast of the site. No phone calls or correspondence has been received from surrounding property owners in regards to this application. D That the uses which would 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 this Code or master plans of affected municipalities The property is located within the boundary of the Mead/Weld County Cooperative Planning Agreement (CPA) boundary. The Town of Mead, in their referral dated June 13, 2017, indicated that the proposed USR is not consistent with the Town of Mead Comprehensive Plan. It also indicated that the use is not consistent with the intent of the Rural Residential land use designation nor is it consistent with the uses allowed in Rural Residential The referral listed uses allowed in Rural Residential, uses including. agricultural related uses. veterinarian, bed & breakfast. cottage industries and home based business adventures The Mead/Weld County Cooperative Agreement is outlined in Chapter 19 of the Weld County Code: Section 19-4-50_A (Mead Plan) states: "If the Municipality submits recommendations, the County shall either include within its written decision the reasons for any action taken contrary to the same or furnish such reasons to the Municipality by a separate writing " Section 19-4-50.C states "Mutuality of Impact Consideration. The parties recognize that decisions by one party regarding development may impact property outside of its jurisdiction_ The parties agree that jurisdictional boundaries shall not be the basis for giving any greater or lesser weight to those impacts during the course of deliberations " The attached conditions of approval and development standards including addressing fire protection, limiting the number of employees (1 part time and one -full time). and not allowing outside storage of vehicles and equipment will adequately address the impacts of the use. Additionally. traffic generated by the facility is minimal The application indicates that only 2-3 passenger cars will be accessing the site on a daily basis. Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and XI of the Weld County Code. 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 property is delineated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map There are existing buildings and improvements on the property. No additional agricultural land will be removed if this USR is approved 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 attached Conditions of approval and Development Standards will provide adequate provisions for the protection of health, safety and welfare. 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. RESOLUTION USR17-0010 WILLIAM WORRELL. O/O BOOTH MOTORS PAGE 3 The Planning Commission recommendation for approval is conditional upon the following 1 Prior to recording the map A. The applicant shall attempt to address the requirements of the Highland Ditch Company as outlined in their referral response Written evidence of such shall be provided to the Department of Planning Services. (Highland Ditch) B The applicant shall address the requirements of the Little Thompson Water District as stated in their referral dated March 3. 2017 Written evidence of such shall be provided to the Department of Planning Services. (Little Thompson Water District) C The applicant shall address the requirements of the Mountain View Fire Protection District as stated in their referral response dated April 26. 2017 Written evidence of such shall be provided to the Department of Planning Services. (Mountain View Fire Protection District) D The Building to be utilized in conjunction with the business shall be permitted for commercial use. A change of use building permit shall be submitted for these buildings. A structural engineer shall provide a structural assessment of each building based on the design criteria adopted by Weld County (Department of Building Inspection) The map shall be amended to delineate the following. 1 All sheets of the map shall be labeled USR17-0010 (Department of Planning Services) 2 The attached Development Standards. (Department of Planning Services) 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 applicant shall delineate on the map 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 applicant shall show the drainage flow arrows. (Department of Planning Services — Engineer) 6 Show the approved Municipality of Mead access on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 7 Show and label all recorded easements on the map by book and page number or reception number and date on the site plan (Department of Planning Services) 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) RESOLUTION USR17-0010 WILLIAM WORRELL, CIO BOOTH MOTORS PAGE 4 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(a�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 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) Motion seconded by Terry Cross. VOTE: For Passage Bruce Johnson Bruce Sparrow Cherilyn Barringer Jordan Jemiola Joyce Smock Michael Wailes Terry Cross Tom Cope Against Passage Absent Gene Stille 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 June 20. 2017. Dated the 20tf of June, 2017 Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS William Worrell C/O Nicholas Booth — Booth Motors LLC USR17-0010 A Site Specific Development Plan and Use by Special Review Permit. USR17-0010, 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. 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 (shop for light body work and storage of parts along with the occasional outdoor painting of bumpers and fenders) 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. There will be no painting of automobiles in the building. (Department of Planning Services) 4. Painting outside of the building will be limited to 2 (two) times per week. Painting can only occur during business hours (8:00 AM — 4 00 PM. Monday through Friday. (Department of Planning Services) 5. Hours of operation will be 8:00 AM — 4:00 PM. Monday through Friday. (Department of Planning Services) 6. There will be no outside storage of parts and equipment. (Department of Planning Services) 7. There will be no outside storage of customer vehicles to be serviced/repaired. (Department of Planning Services) 8. There will be a total of two employees (1 full-time and 1 part-time). (Department of Planning Services) 9. The parking area on the site shall be maintained. (Department of Planning Services) 10. 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) 11 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) 12. 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 . (Department of Public Health and Environment) 13. 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. This includes any paint emissions or overspray. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 14. 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) 15. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 16. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) RESOLUTION USR17-0010 WILLIAM WORRELL. O/O BOOTH MOTORS PAGE 6 17 Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission. and the Environmental Protection Agency. (Department of Public Health and Environment) 18. 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) 19. 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) 20. The property owner shall control noxious weeds on the site. (Department of Public Works) 21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 22. 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) 23. 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) 24. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 25. 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. 26. 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. 27. 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 USR17-0010 WILLIAM WORRELL. CIO BOOTH MOTORS PAGE 7 28. 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. 29. 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 `PL /,�tS tp -wig SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. June 20. 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, Bruce Sparrow, at 12:30 pm Roll Call Present. Bruce Johnson. Bruce Sparrow. Cherilyn Barringer, Gene Stifle. Jordan Jemiola. Joyce Smock. Michael Wailes. Terry Cross. Tom Cope. Also Present. Kim Ogle. Chris Gathman. Diana Aungst. and Michael Hall, 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 June 6. 2017 Weld County Planning Commission minutes. Moved by Joyce Smock, Seconded by Gene Stille Motion passed unanimously. CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR 17-0010 WILLIAM WORRELL C/O BOOTH MOTORS 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 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 (SHOP FOR LIGHT BODY WORK AND STORAGE OF PARTS ALONG WITH THE OCCASIONAL OUTDOOR PAINTING OF BUMPERS AND FENDERS. ETC ) IN THE A (AGRICULTURAL) ZONE DISTRICT LOT B RECORDED EXEMPTION RE -1137 LOCATED IN PART OF THE NE4 OF SECTION 17. T3N. R68W OF THE 6TH P M WELD COUNTY. COLORADO WEST OF AND ADJACENT TO CR 5 AND APPROXIMATELY 1 250 FEET SOUTH OF CR 34 The Chair Called a recess at 3:46 pm and reconvened the hearing at 4:00 pm. Gene Stille left the meeting. Chris Gathman. Planning Services. presented Case USR17-0010, 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_ Ben Frissell, Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust controland the Waste Handling Plan. Nick Booth, 1444 Vista View Drive. Longmont. Colorado, stated that he was under the impression that the building was approved for commercial use, however, it wasn't and so they are here to bring it into compliance. Mr Booth said that he owns a car dealership in the Longmont area and this building only serves as an area to do cosmetic repairs to vehicles Commissioner Johnson asked if he has talked with the Fire Department and their concerns Mr. Booth said that they need more water and added that the Fire Department feels that there is a risk of combustion due to painting_ He added that the landowner is currently out of state but will be working with the Fire Department on their concerns 1 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 USR17-0010 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 Cherilyn Barringer. Seconded by Terry Cross. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson. Bruce Sparrow, Cherilyn Barringer. Jordan Jemiola Joyce Smock. Michael Wailes. Terry Cross. Tom Cope. Absent: Gene Stifle. Meeting adjourned at 5:30 pm. Respectfully submitted, iti.lb6n& 44.1-ta/icli.. Kristine Ranslem Secretary 2 Hello