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HomeMy WebLinkAbout20151280.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Joyce Smock,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: USR15-0005 APPLICANT: CLAYSTONE HOLDINGS LLC PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, EXHIBIT OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OFFICE, MAINTENANCE SHOP, AND OUTDOOR STORAGE/STAGING OF VEHICLES AND EQUIPMENT FOR AN EARTHMOVING AND EXCAVATION COMPANY) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS -ODDS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS. LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4569; BEING PART NE4SE4 SECTION 1, T1N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 52 AND APPROXIMATELY 3,600 FEET WEST OF US HIGHWAY 85. 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." Landscaping is proposed along the east side of the facility. The traffic generated by the facility will be minimal. 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." The applicant is proposing berms and landscaping on the east side of the facility. Lighting and noise standards are attached to address potential impacts generated by the facility. 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 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, (storage and staging of construction equipment), 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. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The site is located to the north of existing gravel mining Use by Special Review Permits(USR-1608 and USR-1682).The adjacent property to the east has storage of water tanks and frac tanks.The nearest single family residences are approximately 500-feet to the east of the site. The adjacent properties to the north and west are undeveloped with the exception of oil and gas production facilities (oil and gas tanks and wells). RESOLUTION USR15-0005 CLAYSTONE HOLDINGS LLC PAGE 2 D. Section 23-2-220.A.4--The uses which will be 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 areas of the City of Fort Lupton and the Town of Frederick. The City of Fort Lupton in their referral comments, dated March 3, 2015 indicated that they have no concerns. No referral response has been received from the Town of Frederick. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. 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. F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 5.81 acres delineated as"Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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 applicant shall attempt to address the comments of the Fort Lupton Fire Protection District, as stated in the referral response dated January 30, 2015. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) B. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact CDOT to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit(State Highway 52). (Colorado Department of Transportation) C. An accepted drainage design is required. (Department of Planning Services—Engineer) D. Signage, if desired, shall be indicated. Signs shall be in compliance with Chapter 23,Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) RESOLUTION USR15-0005 CLAYSTONE HOLDINGS LLC PAGE 3 E. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR15-0005 (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 map shall delineate the proposed landscaping as indicated in the application materials. (Department of Planning Services) 6. The map shall delineate the onsite lighting(if any is proposed). (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. The map shall delineate the parking for customers and/or employees. (Department of Planning Services) 9. Show the approved CDOT accesses on the map and label with access permit number, if applicable. (Department of Planning Services- Engineer) 10. 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) 11. Show and label standard tracking control onto publically maintained roadways on the map. (Department of Planning Services- Engineer) 12. Show and label the accepted drainage features, drainage flow arrows, turning radii, and parking and circulation on the map. (Department of Planning Services—Engineer) 2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies 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) 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 orArcGIS Personal GeoDataBase(MDB). The preferred format RESOLUTION USR15-0005 CLAYSTONE HOLDINGS LLC PAGE 4 for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.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 prior to the start of construction.Contact the Planning Department for application information.(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 Sparrow. VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross 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 April 21, 2015. Dated the 21st of April, 2015. Digitally signed by Kristine D Ranslem q C.i 7 x11.d�.P.f'I- Date:2015.04.23 08:23:29-06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Claystone Holdings LLC USR15-0005 1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0005,for use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts (Office, Maintenance Shop, and outdoor storage/staging of vehicles and equipment for an earthmoving and excavation 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 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 6:00 a.m. - 6:00 p.m. Monday — Sunday, as stated by the applicant(s). (Department of Planning Services) 4. The parking on the site shall be maintained. (Department of Planning Services) 5. 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) 6. The landscaping on the site shall be maintained. (Department of Planning Services) 7. 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) 8. 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) 9. Waste materials shall be handled,stored, and disposed of in a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of Public Health and Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public Health and Environment) 11. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 12. 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) 13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day 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) 44—Adequate-d•r nki ag;-hand-washing ar+d-t itet-fac-slit+es-shaltbe-provided for-employees-and-patrons-of-the facility;-at-all-times. (Department of-Public-Health--and•Environmer RESOLUTION USR15-0005 CLAYSTONE HOLDINGS LLC PAGE 6 15. Sewage disposal for the facility shall be by septic system when the number of full time on site employees exceeds two(2). Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Waste-water Treatment System (O.W.T.S.). (Department of Public Health and Environment) 16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility when the number of full time on site employees exceeds two (2). (Department of Public Health and Environment) 17. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 18. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off for proper disposal. Records of installation,maintenance,and proper disposal shall be retained.(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. 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) 21. Should noxious weeds exist on the property, or become established as a result of the proposed development,the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services—Engineer) 22. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services- Engineer) 23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services- Engineer) 24. The right-of-way or easement shall be graded and drained to provide an all-weather access.(Department of Planning Services- Engineer) 25. 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 2011 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) 26. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 27. 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. RESOLUTION USR15-0005 CLAYSTONE HOLDINGS LLC PAGE 7 28. 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. 29. 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. 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. 4h )OS SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, April 21, 2015 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, Jason Maxey, at 1:30 pm. Roll Call. Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent: Bruce Johnson. Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Wayne Howard, and Jennifer Petrik, Department of Planning— Engineering Division; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the April 7, 2015 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Benjamin Hansford. Motion passed unanimously. CASE NUMBER: USR15-0005 APPLICANT: CLAYSTONE HOLDINGS LLC PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY EXHIBIT USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OFFICE, MAINTENANCE SHOP, AND OUTDOOR STORAGE/STAGING OF VEHICLES AND EQUIPMENT FOR AN EARTHMOVING AND EXCAVATION COMPANY) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION 5 / PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS. LEGAL DESCRIPTION: LOT A REC EXEMPT RE-4569; BEING PART NE4SE4 SECTION 1,T1N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 52 AND APPROXIMATELY 3,600 FEET WEST OF US HIGHWAY 85. Chris Gathman, Planning Services, presented Case USR15-0005, 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. Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the requirements on site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Ms. Light recommended deleting Development Standard 14 as it is in duplicate with Development Standard 13. Randy Stippich, Claystone Construction and Claystone Holdings, 11902 Highway 52, said that they operate an excavation company and need an operation headquarters for their business. The majority of the earth moving equipment moves from job site to job site. They do a lot of business with Ready Mixed Concrete which will be adjacent to this site. Therefore they are planning to share an access with Ready Mixed Concrete. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Motion: Delete Development Standard 14, Moved by Benjamin Hansford, Seconded by Joyce Smock. Motion carried unanimously. 1 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 USR15-0005 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Joyce Smock, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Meeting adjourned at 2:48 pm. Respectfully submitted, Digitally signed by Kristine Ranslem 4 Date:2015.04.23 13:46:53 -06'00' Kristine Ranslem Secretary 2 Hello