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HomeMy WebLinkAbout20161958.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Benjamin Hansford, 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 EXHIBIT u 2-i (o to t� LEGAL I CRIPTION LOCATION U S R 16-0013 TERRY & ROBERTA VIDER 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 AND INDUSTRIAL ZONE DISTRICTS (BUILD GATES AND FENCES) 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 A REC EXEMPT RECX15-0028: PART W2NE4 SECTION 28. T5N. R65W OF THE 6TH P M.. WELD COUNTY. COLORADO SOUTH OF AND ADJACENT TO CR 54 AND APPROXIMATELY 0.33 MILES WEST OF CR 43. 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 USR for the fence building business. No new structures will be constructed on the site. Adequate parking has been provided. The hours of operation are proposed to be 8:00 a.m. to 5:00 p.m. Monday thru Friday No sign or outdoor lighting is requested with this application. Any lights or signage installed on the site will need to comply with the Weld County Code. There is existing vegetation along CR 54 that provides screening. No additional screening is proposed. There is an existing home, garage. and two (2) outbuildings that are not related to the business. The business will be conducted in the Quonset hut. There will be 2 on -site employees and the temporary -seasonal help will work on job sites. The entire parcel is in the 100 -year floodplain for the South Platte River so the outdoor storage is required to be in compliance with the Weld County Code floodplain regulations. The proposed use is in an area that can support this development and the existing screening, 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. 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 for 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 and Industrial Zone Districts (build gates and fences) 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. RESOLUTION USR16-0013 TERRY & ROBERTA VIDER 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 adjacent lands consist of pastures. crops. and rural residences The closest residence is north of site on the north side of CR 54. There are eight (8) USRs within one mile of the site USR-852 for an oil and gas production facility, USR-306 for gravel mining, MUSR12-0012 for an RV park & storage. and USR-668 for oil and gas production facilities are all located north of the site. USR-628 for the repair and maintenance of farm equipment and USR-46 for a landfill are located west of the site. USR-237 for a gravel pit is located southwest of the site and USR13-0048 for outdoor storage and parking is located southeast of the site. The Weld County Department of Planning Services has not received any correspondence from the surrounding property owners that object to this USR. 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 Towns of Garden City and LaSalle and the Cities of Greeley and Evans. The Town of LaSalle and the City of Evans did not respond with referral comments. The Town of Garden City in their referral agency comments dated April 7, 2016 indicated no concerns. The City of Greeley in their referral comments dated April 20, 2016. indicated that the subject property is within the floodplain. Floodplain comments from Weld County are part of this recommendation. Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. of the Weld County Code. The site is 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 3.85 acres of soils designated as "Irrigated land (Not Prime)" and approximately 6.15 acres of soils designated as "Prime (Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map A portion of the site is still in crop. The house was built in 1926 and the addition of this USR will take not take a significant amount of acreage of "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. RESOLUTION USR16-0013 TERRY & ROBERTA VIDER PAGE 3 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 USR16-0013. (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) 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) 6) Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) 7) The map shall delineate the lighting. if applicable, and meet the requirements of the Weld County Code. (Department of Planning Services) 8) Show and label the approved access point(s) (AP16-00144). and the appropriate turning radii on the site plan. (Department of Public Works) 9) County Road 54 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way This road is maintained by Weld County. (Department of Public Works) 10) Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department of Public Works) 11) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (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 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 added for each additional three (3) month period. (Department of Planning Services) RESOLUTION USR16-0013 TERRY & ROBERTA VIDER PAGE 4 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are dwg, _dxf. and .dgn (Microstation): acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) If more than one (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 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 Bruce Johnson. VOTE: For Passage Benjamin Hansford Bruce Johnson Bruce Sparrow Jordan Jemiola Joyce Smock Nick Berryman Terry Cross Against Passage Absent Michael Wailes Gene Stifle 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 21, 2016. Dated the 21't of June, 2016 43'\.:(46.1-1--144.natufru Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2016.06.24 15:05:50 -06'00' SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Terry and Roberta Vider USR16-0013 A Site Specific Development Plan and Use by Special Review Permit, USR16-0013, 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 (build gates and fences) 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 number of on -site employees shall be two (2). (Department of Planning Services) 4. The hours of operation are 8-00 a.m. to 5,00 p.m. Monday thru Friday (Department of Planning Services) 5. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 6. 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) 7 No outdoor storage of floatables is allowed on this site due to the floodplain. (Department of Planning Services — Floodplain) 8. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1543E effective date will be January 20. 2016 (South Platte Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado. and FEMA regulations and requirements as described in 44 CFR parts 59. 60. and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining. dredging. filling. grading. paving, excavation, drilling operations. or storage of equipment and materials. (Department of Planning Services — Floodplain) 9. The property owner shall control noxious weeds on the site. (Department of Public Works) 10 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) 11 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized. (Department of Public Works) 12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services — Engineer) 13. 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) 14. 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) RESOLUTION USR16-0013 TERRY & ROBERTA VIDER PAGE 6 15. 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) 16. 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) 17. 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) 18. Adequate drinking. hand washing and toilet facilities shall be provided for employees, at all times. For 2 or less full time (40 hour week) employees or 4 or less part time (20 hour week) employees located 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. 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) 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. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 24. 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. 25. 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_ 26. 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 USR16-0013 TERRY & ROBERTA VIDER PAGE 7 27. 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. 28. 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. 06rviats -a1-i1,O SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. June 21. 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, Jordan Jemiola. at 12:47 pm Roll Call. Present Benjamin Hansford. Bruce Johnson. Bruce Sparrow, Jordan Jemiola, Joyce Smock, Nick Berryman. Terry Cross. Absent_ Michael Wailes. Gene Stille Also Present Kim Ogle. Chris Gathman, and Diana Aungst. Department of Planning Services: Hayley Brown. Department of Planning Services — Engineering Division, Lauren Light and Ben Fussell. Department of Health: Janet Lundquist. Public Works. Bob Choate. County Attorney. and Kris Ranslem, Secretary Motion: Approve the June 7, 2016 Weld County Planning Commission minutes, Moved by Benjamin Hansford. Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER USR16-0013 APPLICANT TERRY & ROBERTA VIDER 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 AND INDUSTRIAL ZONE DISTRICTS (BUILD GATES AND FENCES) 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 LEGAL DESCRIPTION LOT A REC EXEMPT RECX15-0028 PART W2NE4 SECTION 28. T5N. R65W OF THE 6TH P M . WELD COUNTY. COLORADO LOCATION SOUTH OF AND ADJACENT TO CR 54 AND APPROXIMATELY 0 33 MILES WEST OF CR 43 Diana Aungst. Planning Services. presented Case USR16-0013. 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_ Janet Lundquist, Public Works. reported on the existing traffic and access to the site. Hayley Brown, Engineering. reported on the drainage conditions and internal traffic pattern for the site Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site dust control, and the Waste Handling Plan. Terry Vider. 20504 CR 54. said he will build metal fences and gates for dairy operations The outdoor storage will be very minimal since it is in a floodplain. He added that this use doesn't create any waste or generate any traffic 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 USR16-0013 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 Benjamin Hansford. Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7) Yes: Benjamin Hansford. Bruce Johnson, Bruce Sparrow. Jordan Jemiola. Joyce Smock. Nick Berryman, Terry Cross. Meeting adjourned at 3:21 pm. Respectfully submitted. 45\-0611-t-2 4tEullifru Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2016.06.24 10:17:21 -06'00' 2 Hello