HomeMy WebLinkAbout20080099.tiff :444• CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
C. t� r vJ
COLORADO /
6 u� na ctkruv i :( J
April 17, 2006
Li to
J and M Partnership, LLC J
c/o A. Bruce Johnson and Associates, Ltd. �" u'w x•-
801 8th Street#220 juct.-uuj art
Greeley, Colorado 80631
Dear Mr. Johnson:
The application of your client, J and M Partnership, LLC,for a Site Specific Development Plan and
• Use by Special Review Permit#1546 for Uses Permitted as a Use by Right,Accessory Use,or Use
by Special Review in the Commercial or Industrial Zone Districts(parking of trucks,trailers, semi-
trailers, recreational vehicles, construction equipment and farm equipment; warehousing and
storage of equipment, machinery and agricultural supplies; minor assembling; and repairing,
manufacturing,fabricating of agricultural supplies and equipment;all of which may be for wholesale
or retail for sale or lease to the general public) in the A (Agricultural) Zone District, has been
recommended unfavorably to the Board of County Commissioners by the Planning Commission.
The legal description of the property involved is shown as part of the SW1/4 of Section 20,
Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado.
If your client wishes to be heard by the Board of County Commissioners, it will be necessary for you
to indicate the request by signing the bottom of this letter and returning it to this office. Regular
hearing procedures will then be followed.
In order to proceed as quickly as possible, we must receive your reply by May 17, 2006. If we are
not in receipt of your request by that date, the matter will be considered closed.
Sincerely,
i
Esther E. Gesick
Deputy Clerk to the Board
I/we, G�t�cy , do hereby request the Board of County
Commissioners to nsider the above mer'tione application. EXHIBIT
2008-0099
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MEMORANDUM
• TO: Clerk to the Board
WE`D DATE: October 30, 2007
COLORADO
FROM: Hannah Hippely
SUBJECT: USR -1546 Schedule
This case had been sent back to Planning to determine how to proceed. This application should
be scheduled for a Board hearing as the applicant has not provided any indication that he would
like to withdraw the application.
Thanks.
•
• EXHIBIT
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WIWD LAND USE APPLICATION
SUMMARY SHEET
PRELIMINARY
COLORADO
Planner: Sheri Lockman
Case Number: USR-1546 Hearing Date: April 4, 2006
Applicant: J & M Partnership
Address: C/o A. Bruce Johnson &Associates, Ltd.
801 8`"Street#220, Greeley, CO 80631
Request: A Site Specific Development Plan and a Special Review Permit for uses permitted as a Use
by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
District(Parking of trucks,trailers,semi-trailers recreational vehicles,construction equipment
and farm equipment. Warehousing and storage of equipment, machinery and agricultural
supplies.Minor assembling.Repairing,manufacturing,fabricating of agricultural supplies and
equipment. All may be for wholesale or retail for sale or lease to the general public) in the
A(Agricultural)Zone District.
Legal
• Description: Part of the SW4 Section 20, T6N, R65W of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 39 and north of and adjacent to County Road 66
Parcel #: 0803 20 000017
Parcel Size: 151 +/-acres Size of USR Boundary: 1.86 +/-acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Department of Public Health and Environment, referral received 3/1/2006
• Weld County Department of Public Works, referral received 2/6/2006
• Weld County Department of Building Inspection, referral received 2/10/2006
• Weld County Zoning Compliance, referral received 1/26/2006
• Weld County Sheriffs Office, referral received 1/27/2006
•
West Greeley Soil Conservation District, referral received 2/9/2006
• Town of Eaton, referral received 1/31/2006
• City of Greeley, referral received 2/16/2006
The Department of Planning Services' staff has not received responses from the following agencies:
•
Eaton Fire Protection District
• Colorado Department of Transportation
• USR-1546 J&M Partnership 1
• I • C/1 SPECIAL REVIEW PERMIT
WL`Pc. ADMINISTRATIVE REVIEW
COLORADO
Planner: Sheri Lockman
Case Number: USR-1546 Hearing Date: April 4, 2006
Applicant: J & M Partnership
Address: C/o A. Bruce Johnson &Associates, Ltd.
801 8th Street#220, Greeley, CO 80631
Request: A Site Specific Development Plan and a Special Review Permit for uses permitted as a Use
by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
District(Parking of trucks,trailers,semi-trailers recreational vehicles,construction equipment
and farm equipment. Warehousing and storage of equipment, machinery and agricultural
supplies.Minor assembling.Repairing,manufacturing,fabricating of agricultural supplies and
equipment. All may be for wholesale or retail for sale or lease to the general public) in the
A(Agricultural)Zone District.
Legal
Description: Part of the SW4 Section 20, T6N, R65W of the 6th P.M., Weld County, Colorado
• Location: East of and adjacent to County Road 39 and north of and adjacent to County Road 66
Parcel #: 0803 20 000017
Parcel Size: 151 +/-acres Size of USR Boundary: 1.86 +/-acres
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services'staff 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 22-2-60.D (A.Goal 4) states "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that can
support such development. Such development shall attempt to be compatible with the region.
Conditions of Approval and Development Standards will ensure compatibility with surrounding
uses.
• B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)Zone
USR-1546 J&M Partnership 2
District. Section 23-3-40.R allows for uses permitted as a Use by Right, Accessory Use or Use
• by Special Review in the Commercial or Industrial Zone District as a Use by Special Review in
the A(Agricultural)Zone.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. Surrounding properties to the north and east are agricultural with no
homes in close proximity. South of the site is zoned Industrial, however, no improvements have
been placed on the property and it remains a producing farm. County Road 39,railroad right-of-
way and State Highway 85 lie to the west.A strip of property along the east side of State Highway
85 is zoned Commercial. Big R Manufacturing is using this area to store their products to the
southwest of the site. Conditions of Approval and Development Standards will ensure
compatibility with these surrounding uses.
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 within the three mile referral area for the Town of Eaton and the City of Greeley. The Town of
Eaton indicated no conflicts with their interests. The City of Greeley requested that the site be
landscaped to provide screening along County Road 39 and that the access and parking areas
be paved with asphalt or concrete.
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11)
• Effective August 1,2005, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact
Fee. (Ordinance 2005-8 Section 5-8-40)
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 area proposed for the USR
is not being used for agricultural production.
G. Section 23-2-220.A.7--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 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 Department of Planning Services'staff recommendation for approval is conditional upon the following:
1. Prior to the Board of County Commissioners hearing:
A. Application materials indicate that signage on site will comply with the Weld County Code except 7(,
that two(2)signs will be allowed.The applicant shall submit a sign plan for review and approval
by the Board of County Commissioners. The plan shall delineate the location, size, and type of \Y
construction of each sign. Upon approval the signs shall be delineated on the plat(Department
of Planning Services)
• USR-1546 J&M Partnership 3
• 2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1546. (Department of Planning Services)
B. The plat shall be amended to meet all requirements of Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
C. County Road 66 is designated on the Weld County Road Classification Plan as a collector road,
which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-of-way.
A total of 30 feet from the centerline of County Road 66 shall be delineated right-of-way on the N
plat.An additional 10 feet shall be delineated as future road right-of-way.This road is maintained
by Weld County. (Department of Public Works)
D. The applicant shall submit written evidence to the Department of Planning Services that the 1I 9r
following requirements have been met to the satisfaction of the Weld County Department of
Public Health and Environment:
1) The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services,Weld County Department of Public Health&Environment.
2) In the event,the applicant intends to wash vehicles or equipment on site,the following shall
apply: U) Y
a) The applicant shall provide evidence that the washing area will be designed and
constructed to capture all effluent and prevent any discharges from the washing of V "
vehicles or equipment in accordance with the Rules and Regulations of the Water
Quality Control Commission and the Environmental Protection Agency.
• 3) The existing septic system serving the commercial building is designed for 5 persons
(permit#G19880196). The application materials indicate that a maximum of 20 people
may work at the site. Therefore, the existing septic system shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of observation of the yr
system and a technical review describing the systems ability to handle the proposed
hydraulic load.The review shall be submitted to the Environmental Health Services Division
of the Weld County Department of Public Health and Environment. In the event the system
is found to be inadequately sized or constructed the system shall be brought into
compliance with current Regulations.
4) In accordance with the Underground and Above Ground Storage Tank Regulations(7 CCR
1101-14) a spillage retention berm shall be constructed around the tank battery. The .A070-12
volume retained by the spillage berm should be greater than the volume of the largest tank
inside the berm. Alternative protective measures may be allowed provided they comply
with the Above Ground Storage Tank Regulations.
5) The applicant shall submit evidence of an Aboveground Storage Tank permit from the v
Colorado Department of Labor and Employment(CDL&E), Oil Inspection Section for any
aboveground storage tanks (660 to 40,000 gallons) located on the site. Alternately, the
applicant can provide evidence from the(CDL&E), Oil Inspection Section that they are not
subject to these requirements.
6) The applicant shall submit evidence of an Underground Injection Control (UIC) Class V p, ,,,fi
v tg
Injection Well permit from the Environmental Protection Agency(EPA)for any maintenance teOL
facility located on the site that is equipped with a floor drain. Alternately,the applicant can tyY
provide evidence from the EPA that they are not subject to the EPA Class V requirements.
• USR-1546 J&M Partnership 4
• 7) The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following: ky
&Div
a) A list of wastes which are expected to be generated on site (this should include p'ary1.
expected volumes and types of waste generated). ii
b) A list of the type and volume of chemicals expected to be stored on site.
c) The waste handler and facility where the waste will be disposed(including the facility
name,address,and phone number). (Department of Public Health &Environment)
E. The applicant shall submit building permits for any change of use for all existing buildings as
required by the Weld County Building Inspection Department.The applicant shall submit evidence
to the Department of Planning Services that all required building permits have been submitted
to the satisfaction of the Building Inspection Department. All buildings will require:
1) Plot plan showing exact location of buildings on property.
2) Floor plan of each building,with dimensions of each portion of the building.
3) Description of specific uses of all area, existing and proposed.
4) Type of construction for each building.
5) Type of heating equipment.
6) Size of electrical service. (Building Inspection)
F. The applicant shall submit an Improvements Agreement that addresses all improvements
associated with this development (curb stops, screening, gravel/pavement, landscaping
• materials, signage and stormwater features, etcetera) per compliance with Section 24-9-10 of e
the Weld County Code, or complete all improvements to the satisfaction of the Weld County
Departments of Public Works and Planning Services. The agreement shall be approved by
County Staff and accepted by the Board of County Commissioners prior to recording the plat.
(Department of Planning Services)
G. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as
d in the referral response dated February 15, 2006. Evidence of such shall be submitted
ifla Iorte.y11V 3 iting to the Weld County Department of Planning Services.
fti E WV's VQ,•liii1'•di • applicant shall comply with the following Commercial District Performance Standards as
b CL&a l)A— ated in Section 23-3-250 of the Weld County Code.
.-<\1\A, Section 23-3-250.A.1 — Stormwater Management. All users of land shall provide and
maintain stormwater retention facilities designed to retain the stormwater runoff in excess
of historic flow from the undeveloped site. The stormwater retention facility on a developed
site shall be designed for a one-hundred-year storm. The stormwater retention facility shall p�
be designed and operated to release the retained water at a quantity and rate not to r
exceed the quantity and rate of a five-year storm falling on the undeveloped site. The
applicant shall contact the Weld County Storm Water Drainage Department to determine
any requirements for storm water drainage referring to Section 24-7-120 and Section 23-3-
250.A.1 of the Weld County Code. The applicant shall submit written evidence from the
Weld County Storm Water Drainage Department indicating that all requirements have been
met and the plat has been amended to show any required storm drainage area.
(Department of Planning Services and Public Works)
?Clots Section 23-3-250.A.2 — Parking. Sufficient screened, off-street parking areas shall be
USR-1546 J&M Partnership 5
provided to meet the requirements of employees, company vehicles, visitors and
• customers of the Uses Allowed by Right and Accessory Uses. The applicant shall indicate n
the proposed parking areas for trucks and equipment,farm equipment and standard sized p
vehicles. Appendix 23-A describes the design requirements for parking spaces and
Appendix 23-B delineates the number of parking spaces required by use for this property.
The plat shall indicate a minimum of 40 standard sized parking spaces. The off-street
parking including the access drive shall be surfaced with gravel or the equivalent and shall
be graded to prevent drainage problems. Each standard size parking space shall be
equipped with a wheel guard or a curb stop where needed to prevent vehicles from
extending beyond the boundaries of spaces and coming into contact with other vehicles,
buildings or fences. The applicant shall submit a parking plan to the Departments of
Planning Services and Public Works for review and approval. The applicant shall submit
evidence of Public Works approval to the Department of Planning Services. (Departments
of Planning Services and Public Works)
3) Section 23-3-250.A.3-Street Access. Lots shall have safe access to an approved public
or private street. The design designation of any street or highway as to type shall be in
conformance with that shown on the county thoroughfare plan and/or the master plan of ' �(Q
the affected municipality.The applicant has identified a gated access to the proposed USR.
Utilize this access point with adequate turning radiuses to accommodate larger trucks,
semi-trailers, and recreational vehicle movement. A stop sign should be installed at this
entrance to control traffic entering on to County Road 66,a collector status road. Evidence
of Public Works approval of the revised plat shall be submitted to the Department of
Planning Services. (Departments of Planning Services and Public Works) pip'
4) Section 23-3-250.A.6—Areas used for trash collection shall be screened from public rights- �1 nv
of-way and all adjacent properties. These areas shall be designed and used in a manner JU
• that will prevent wind-or animal-scattered trash.The plat shall be amended to address this
issue. (Department of Planning Services)
5) Section 23-3-250.A.9 — Outside Storage. Uses involving outdoor storage of vehicles, 1
equipment or materials when permitted shall be screened from public rights-of-way and all ()'
adjacent properties. The applicant shall submit a screening plan which indicates the type p Y1jl d
and height of the fencing for review and approval by the Department of Planning Services. �N
The plat shall be amended to delineate the approved screening plan. (Department of
Planning Services)
6) Section 23-2-250.B.6—Light. Any lighting,including light from high temperature processes
such as welding or combustion, shall be designed, located and operated in such as
manner as to meet the following standards: sources of light shall be shielded so that
beams or rays of light will not shine directly onto adjacent properties; 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; and no colored lights may be used which may be
confused with or construed as traffic control devices. The application materials did not
include a Lighting Plan. Should exterior lighting be a part of this facility, all light standards
shall be delineated on the plat. (Department of Planning Services)
I. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services) \ '‘)
2) All public rights-of-way with dimensions. (Department of Public Works)
3) The existing fuel tanks,any ditches or easements associated with the proposed USR,the
• USR-1546 J&M Partnership 6
dimensions describing meets and bounds of the proposed USR area and any existing or
• proposed septic areas. (Departments of Planning Services and Public Works) '
4) Setbacks from oil and gas structures as required by Section 23-3-50.E of the Weld County(
Code shall be delineated on the plat. (Departments of Planning Services) a
J. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. Prior to operation:
A. If interested,the applicant shall contact the Weld County Sheriffs Office to discuss development
of a security plan for the site free of charge. (Sheriffs Office)
4. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat 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 Department of Planning Services'Staff. The plat shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty (30) 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)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required thirty(30)days from the date of the Board of County Commissioners
resolution a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
•
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
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)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
• USR-1546 J&M Partnership 7
SITE SPECIFIC DEVELOPMENT PLAN
. SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
J & M Partnership
USR-1546
1. The Site Specific Development Plan and Special Use Permit is for uses permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone District (Parking of
trucks, trailers, semi-trailers recreational vehicles, construction equipment and farm equipment.
Warehousing and storage of equipment, machinery and agricultural supplies. Minor assembling.
Repairing, manufacturing, fabricating of agricultural supplies and equipment.All may be for wholesale
or retail for sale or lease to the general public.)in the A(Agricultural)Zone District, as indicated in the
application materials on file and 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. Prior to locating any additional uses on the site, information must be submitted to the Department of
Planning Services, the Eaton Fire Protection District and the Department of Building Inspection to
determine if the proposed use would constitute a substantial change to the approved Use by Special
Review Permit or if additional infrastructure will be required. The information shall include the type of
business, copy of a lease if applicable, number of employees, area to be used or leased by the
business, and any additional information deemed necessary by the Department of Planning Services.
Substantial changes will require an amendment to the Use by Special Review permit. (Department of
• Planning Services)
4. Parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete, or the Qp-'
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
5. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will \\p1.Hti
reasonably preserve the natural character of the area and prevent property damage of the type \}i
generally attributed to run-off rate and velocity increases,diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works) p,
6. As indicated in application materials, the number of employees on site shall not exceed twenty (20) y, 1N
(Department of Planning Services) 1
7. As indicated in application materials, traffic from the site shall not exceed 40 round trips per day. �n-ph`')'I�
(Department of Planning Services)
8. The future uses of buildings may be limited by setbacks to oil and gas structures.Section 23-3-50.E of
the Weld County Code states"No building or structure, as defined and limited to those occupancies
listed as Groups A, B, E,F, H, I, M and R in Section 302.1 of the 2003 International Building Code,shall
be constructed within a two-hundred-foot radius of any tank battery or within a one-hundred-fifty-foot
radius of any wellhead. Any construction within a two-hundred-foot radius of any tank battery or one-
hundred-fifty-foot radius of any wellhead shall require a variance from the terms of Section 23-3-10 of
this Code". (Departments of Planning Services)
9. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30 20 100.5,
C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
• USR-1546 J&M Partnership 8
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
IP wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and w
Facilities Act, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment)
11. 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. (Department of Public
Health and Environment)
12. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
c}.)-)
13. Any vehicle washing area(s) shall capture all effluent and prevent discharges in accordance with the \J V0y
Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection \)
Agency. (Department of Public Health and Environment)
14. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be eJ
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as (-
Iv-
delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) o
17. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. �(\P,_
(Department of Public Health and Environment)
yy
• ct8). The handwashing and toilet facilities shall be made available to all users of the site during business f
hours. (Department of Planning Services)
19. Any septic system located on the property must comply with all provisions of the Weld County Code, '"
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
20. The facility shall utilize the existing public water supply. (North Weld County Water District). v.)°
(Department of Public Health and Environment)
21. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's)and i
volatile organic compounds (VOC's). (Department of Public Health and Environment)
22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
23. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services)
24. Effective August 1,2005, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
25. A plan review is required for any additional building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for each i
permit. (Department of Building Inspection)
• USR-1546 J&M Partnership 9
• 26. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code,2003 International Mechanical Code,2003 International Plumbing Code,2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
27. Each building will require an engineered foundation based on a site-specific geotechnical report or an
open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer. (Department of Building Inspection)
28. Building height, setbacks and offset distance shall be determined by Chapter 23 of the Weld County
Code. Separation of buildings of mixed occupancy classifications shall be in accordance with Sec.
R309.2 of the International Residential Code. (Department of Building Inspection)
29. Building heights shall be measured in accordance with the Building Code for the purpose of determining
the maximum building size and height for various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height
shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. When measuring buildings to determine offset and
setback requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
30. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
• 32. Weld County Personnel 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 Development Standards stated herein
and all applicable Weld County regulations.
33. The 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.
34. 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.
• USR-1546 J 8 M Partnership 10
MEMORANDUM
• viipc TO: Jennifer VanEgdom, Clerk to the Board
COLORADO DATE: December 20, 2007
FROM: Hannah Hippely
SUBJECT: USR-1546
As the applicant has not yet provided a sign plan to the Department of Planning Services at this
time Condition of Approval 1.A. should be moved to become Prior to Recording the Plat
condition number 2.A.
Thank you.
•
•
a
t Asa,.
a. bruce • • 801 8th Street-Suite 220
JOHNSON & ASSOCIATES 03 IP Greeley,Colorado 80631
(970)356-6110
FAX(970)352-8761
LAND RFSOURCE SPECIALISTS
January 3, 2008
Hannah L. Hippely, Planner
91810`° Street
Greeley,CO 80631
Dear Hannah:
First of all,thank you for your time and participation last week at the Health Department
meeting with Mr. Monson and myself. This letter is my attempt to modify the J & M Partnership USR
Permit#1546 application and suggestions for the related changes to the proposed conditions of
approval and Site Specific Development Plan. Most of these suggested changes are our interpretation of
your comments.
1. The application page"Proposed use:" It is not our intent at this time for this site to be a retail
business site. The"sale" meant only in an occasional event of some individual item being sold
rather than inventory on site for the purpose of it being sold as in a wholesale or retail business.
Also,see¶1 d.of the narrative. Same intent not to be in the business of"selling"these items,
but only in the event of an occasional sale.
2. Narrative: old. —seeabovedescription
if.—The 40 was an estimate of a once in 4 or 5 years tour could arrive. As of
now,we want to restrict it to less than 20 round trips per day.
5a. -A maximum of 5 employees on site at any given 8 hour work day.
D—It is the intent of this application that the wood frame buildings shall only
be used for storage and not to be used in repair,business or office activities. The metal
building is limited to 2 existing offices and primarily used as a warehouse with limited
repair and/or maintenance activities. The future building will replace the three wood
buildings. Its use will be designed into the building permit at that time and accordingly
any necessary change in use under this USR.
G—after"semi-tractors" shall be added"and related trailers and/or temporary
parking of modular homes in transit"
andia
•
Colorado-Nebraska-Wyoming • Farm&Ranch • Water ' 44
Sales • Exchanges • Minerals • Consulting Ai, 4,0
• ..gifts-
• •
Now as to the proposed conditions of approval:
¶1. E.3)- The second sentence shall be modified as follows: 20 shall be changed to 5. The
following"therefore"shall be replaced by"In the event more than 5 full time employees are
located at this site,"
1.E.4)—Shall be modified to begin with "In the event above ground storage tank is installed it
shall be"
5.) Shall begin with "In the event above ground storage tank shall be installed"
G. What does this mean and what is its effect?
1.2.) The"minimum of 40 standard-sized parking spaces"shall be changed to a "maximum of 15
standard-sized parking spaces". This is due to the maximum employees'vehicles parked on site
plus employees in transit in consideration of"the uses "allowed.
4)We oppose the "Secured" trash collection for all it does is encourage people to attempt to
"hit"the dumpster by throwing over the enclosure,whereas an exposed dumpster is readily
accessible and obvious to"pick up" if dumpster is missed.
5) Screening around the property is not conducive to a clean,weed free perimeter. We object
to screening. Our 20+year history shows a very well maintained fence and grounds. The tree
outside of the USR site to the west and the chain link fence is more than sufficient to impair
visual impact. The existing chain link fence used for the past 20 years is proof of a reasonable
controlled site.
J3) "fuel tanks"shall be striken
114 and 5—The 30 days shall be changed to 60 days.
Site Specific Development Plan
111. The phrase "all for wholesale or retail for sale or lease to the general public"shall be
stricken.
6. The"20"shall be changed to"5".
7. The"40"shall be changed to"20".
The balance seems reasonable in the event they become applicable. Should you have any
questions, please feel free to call. Looking forward to Monday 1-7-08 at 12:30 p.m.
Sincerely,
A. Bruce Johnson
On behalf of J & M Partnership
fiv, MEMORANDUM
V `Pe TO:
DATE: A.
JanBuraryuce 8, 2008 Johnson
COLORADO
FROM: Hannah Hippely
SUBJECT: Changes to USR-1546
Below is a list of changes to USR-1546 compiled from both the letter you sent me dated
1/3/2008 and the content of our meeting on Monday 1/7/2008.
Staff can be supportive of the following changes:
• The wholesale and retail uses will be removed from the request.
• The proposed future structure will be removed from the request.
• Storage of modular home components shall be added to the request.
• Change Development Standard #6 to "The number of employees on the site shall not
exceed five (5)full time equivalents. If this Development Standard is amended as
suggested here then Condition of Approval 1.E.3 may be removed.
• Condition of Approval may be modified to begin with "In the event an Above Ground
Storage Tank is located on site"
• Add a Development Standard that states The site will be leased to a single user. At
such time that the tenant changes the property owner will supply the Department of
Planning Services with a detailed description of the new use and user.'
• Add a Development Standard that states "All activity shall take place within the primary
structure. The smaller wooden outbuildings on the site shall be used only for storage.
Items being stored shall be associated with the tenant of the primary structure or the
personal property of the owner."
• Should the previous two Development Standards be adopted then staff can support a
reduction of the parking requirement from 40 spaces as required in 1.2. to 20 spaces.
• Add the requirement that all outdoor storage areas shall be delineated on the plat.
Staff does not support the following items:
• Changes to Conditions of Approval regarding screening and trash. You may address
those topics as you see fit.
• Under J3) Fuel tanks shall not be stricken as there are propane tanks located on site that
should be shown on the plat.
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
• THE LAST DAY TO POST THE SIGN IS 1/6/2008 THE SIGN
SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED
ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A
SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE
MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE
POINT AT WHICH THE DRIVEWAY(ACCESS DRIVE) INTERSECTS A PUBLICALLY
MAINTAINED ROAD RIGHT-OF-WAY.
I, Hannah Hippely ,HEREBY CERTIFY UNDER PENALTIES
OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS
BEFORE THE BOARD OF COMMISSIONERS HEARING FOR Use by Right, Accessory
Use or Use by Special Review in the Commercial or Industrial Zone District in the
Agricultural Zone District. Specifically the parking of trucks, trailers, semi-trailers
recreational vehicles, construction equipment and farm equipment. Warehousing
and storage of equipment, machinery and agricultural supplies. Minor
assembling. Repairing, manufacturing, fabricating of agricultural supplies and
equipment. All may be for wholesale or retail for sale or lease to the general
public IN THE AGRICULTURAL ZONE DISTRICT.
Hannah L Hippely
• Name of Person Posting Si n
Signature of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
61111
The foregoing instrument was subscribed and sworn to me this / day of 1 , 2008.
WITNESS my hand and official seal.
% WENDI INLOES
NOTARY PUBLIC
',TATE OF C0L0RAC'
Nota Public / �}
My Commission Expires: Li -1 1.J-
EXHIBIT
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