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HomeMy WebLinkAbout20151562.tiff BEFORE 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: USR15-0022 APPLICANT RYAN GALLATIN& KAY COLLINS PLANNER: KIM OGLE REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE 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 (LANDSCAPE TURF INSTALLATION, TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE EQUIPMENT/VEHICLE STORAGE AND STAGING),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 B REC EXEMPT RE-3653: PART S2SE4 SECTION 8, T8N. R66W OF THE 6TH P.M.,WELD COUNTY. COLORADO. 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 23-2-220.A.1.A.Policy 7.1. states "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas. when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable." The Landscape Turf Installation Company base of operations, trucking and truck repair shop along with outside equipment/vehicle storage and staging facility is presently in operation on site and is located in an area that allows good access to a paved road and is within 2 miles of County Road 90. Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The facility is located on a 74 acre parcel two miles south of the Town of Nunn. The parking of vehicles and outside storage of equipment and pallets and similar supplies will be required to be screened from adjacent property and public rights-of-way. Planning staff will be requiring the outdoor storage/staging of vehicles to be screened. 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 lists any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts(Landscape Turf Installation Company base of operations, trucking and truck repair shop along with outside equipment/vehicle storage and staging)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 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 surrounding properties north of County Road 94 are large parcel agricultural lots with limited single family residential development. To the east are large lot recorded exemption parcels with residences. As previously stated, staff is requiring the outdoor storage/staging of vehicles to be screened. EXHIBIT I ilk �0►5- 15 b2 RESOLUTION USR15-0022 RYAN GALLATIN&KAY COLLINS PAGE 2 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 three miles of the Town's of Nunn and Pierce. A referral was not received from the Town's of Nunn and Pierce for this application. E Section 23-2-220.A.5--The application complies with Chapter 23,Article V and Article XI of the Weld County Code. The existing site is not located within the Floodplain, Airport or Geologic hazard areas. The property is located 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 lands designated"High Potential Dry Cropland—Prime if they become Irrigated"per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property has no irrigation water associated the parcel. 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 USR map: A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Planning Services- Engineering) B. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR15-0022 (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.O 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) RESOLUTION USR15-0022 RYAN GALLATIN & KAY COLLINS PAGE 3 5. All outdoor storage/staging of vehicles shall be screened from adjacent properties and public rights-of-way. (Department of Planning Services) 6. County Road 29 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated.All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Planning Services - Engineering) 7. County Road 94 is unmaintained section line right-of-way.The applicant shall verify and delineate on the map the existing right-of-way and the documents creating the right-of- way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. (Department of Planning Services- Engineering) 8. Show the approved access(es) on the map and label with the approved access permit number(AP15-00037). (Department of Public Works) 9. Show and label a minimum of 300ft of recycled asphalt/road base on the map. (Department of Planning Services- Engineering) 10. Show the accepted water quality feature on the map and label as WATER QUALITY FEATURE, NO-BUILD or STORAGE AREA , VOLUME= ) (Department of Planning Services- Engineering) 11. Show and label the accepted drainage features, drainage flow arrows, access turning radii (60ft), and parking and circulation on the map (Department of Planning Services- Engineering) 12. Show and label the entrance gate set back a minimum of 75ft from edge of existing right of way(future right of way if classification is other than local)on the map.(Department of Planning Services-Engineering) 2. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on-site construction. (Department of Planning Services - Engineering) B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services- Engineering) 3. 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) 4. 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 USR15-0022 RYAN GALLATIN & KAY COLLINS PAGE 4 5. 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( co.weld.co.us. (Department of Planning Services) 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 Michael Wailes. 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 June 2, 2015. Dated the 2nd of June, 2015. Digitally signed by Kristine ,,�L Ranslem 4 ) Date:2015.06.05 09:59:23-06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Gallatin Turf Installation, Inc. USR15-0022 1. A Site Specific Development Plan and Use by Special Use Permit, USR15-0022, 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(Landscape Turf Installation Company base of operations, trucking and truck repair shop along with outside equipment/vehicle storage and staging). 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 (Gallatin Turf Installation, Inc.), 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 employees shall be restricted to ten (10) as stated by the applicant. (Department of Planning Services) 4. The number of semi-tractor trailers shall be limited to twelve(12). (Department of Planning Services) 5. The hours of operation are twenty-four (24) hours a day seven (7) days a week. (Department of Planning Services) 6. 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) 7. 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) 8. 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) 9. Fugitive dust shall 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) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For employees or contractors 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) 12. 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) 13. 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) RESOLUTION USR15-0022 RYAN GALLATIN & KAY COLLINS PAGE 6 14. 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) 15. The screening on the site shall be maintained. (Department of Planning Services) 16. 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 - Engineering) 17. There shall be no tracking of dirt or debris from the site onto publically maintained roads. The applicant is responsible for mitigation of any offsite tracking and maintaining onsite tracking control devices. (Department of Planning Services- Engineering) 18. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Planning Services- Engineering) 19. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services-Engineering) 20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services-Engineering) 21. 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) 22. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 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. 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 RESOLUTION USR15-0022 RYAN GALLATIN & KAY COLLINS PAGE 7 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. l(Y i'Mat'S-PC_ % LL2.L.'L,2.04� SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, June 2, 2015 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Vice- Chair. Jordan Jemiola, at 1:30 pm. Roll Call. Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent: Jason Maxey Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michelle Martin and Tom Parko, Department of Planning Services; Wayne Howard, and Jennifer Petrik, Department of Planning — Engineering Division; Lauren Light and Heather Barbare, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem. Secretary. Motion: Approve the May 19, 2015 Weld County Planning Commission minutes, Moved by Benjamin Hansford, Seconded by Bruce Johnson. Motion passed unanimously. CASE NUMBER: USR15-0022 I APPLICANT RYAN GALLATIN & KAY COLLINS PLANNER KIM OGLE REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE 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 (LANDSCAPE TURF INSTALLATION, TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE EQUIPMENTNEHICLE STORAGE AND STAGING), 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 B REC EXEMPT RE-3653: PART S2SE4 SECTION 8, T8N. R66W OF THE 6TH P.M., WELD COUNTY. COLORADO. LOCATION. NORTH OF CR 94 SECTION LINE; WEST OF AND ADJACENT TO CR 29. Kim Ogle, Planning Services, presented Case USR15-0022, 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. Wayne Howard, 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 replacing shall with should in Development Standard 9. Katherine Vorlage, Grant and Hoffman, 821 9'h Street. Greeley, stated that she represents Mr. Gallatin. She added that the applicant's business is turf installation. Commissioner Smock asked if the applicant intends to reside on the property Ryan Gallatin, 19300 CR 76, Eaton. said that he plans to start building a house in the next year Until he finds a seller for his current properties in Eaton he intends to stay where he is at. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. EXHIBIT (?) ../ 1 ODD- Motion: Amend Development Standard 9 to read "Fugitive dust should be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations", Moved by Benjamin Hansford, Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola. Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. 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 USR15-0022 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 Benjamin Hansford, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Joyce Smock. Michael Wailes, Nick Berryman, Terry Cross. Meeting adjourned at 7:05 pm. Respectfully submitted, Digitally signed by Kristine Ranslem �aneltigipt, Date: 2015.06.05 09:20:27 -06'00' Kristine Ranslem Secretary 2 Hello