HomeMy WebLinkAbout20073935 DEPARTMENT OF PLANNING SERVICES
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WWW.CO.WELD.CO.US
E-mail Address:jhatch@co.weld.co.us
4209 County Road 24.5
Longmont CO 80504
Phone (720)652-4210 x8730
O Fax (720)652-4211
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COLORADO
August 20, 2007
Darrel Felton
PO Box 203
Longmont CO 80502
Subject: USR-1585, Pt E2 E2 SW4 of Section 7, T3N, R66W of the 6th P.M., Weld County,
Colorado
Dear Mr. Felton;
Notice is hereby given that the property listed above, is not in compliance with USR-1585
(Special Use Permit). All conditions of the permit must be in compliance by September 14, 2007
or a Probable Cause public hearing, pursuant Chapter 23, Article II (2), Division 4, Section 23-2-
270 of the Weld County Code, will be scheduled.
If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review
case number USR-1585, for compliance with the Development Standards and Conditions of
Approval, as approved by the Board of County Commissioners on April 11, 2007, to determine if
probable cause exists to hold a hearing on revocation of the permits. Enclosed is a copy of the
Board of County Commissioners Resolution and Hearing Certificate.
Inspections by representatives of this office have determined that you are not in compliance with
the Weld County Code and have also determined that the following items still need to be
completed:
Appendix 23-C of the Weld County Code states "beacons, roof signs, pennants, inflatable,
tethered balloons, portable signs and strings of light bulbs used for commercial purposes other
than traditional holiday decorations are not allowed in any zone district." The inflatable cowboy
needs to be removed from the site.
As approved by the Board of County Commissioners on April 11, 2007 the following items need
to be completed.
1. Prior to recording the plat:
A. The applicant shall submit a dust abatement plan for review and approval to the
Environmental Health Services, Weld County Department of Public Health and
2001-3935
i'LI983
Environment. Evidence of approval shall be provided to the Department of
Planning Services. (Department of Public Health and Environment)
B. 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. Evidence of approval shall be provided to the
Department of Planning Services. The plan shall include at a minimum, the
following:
1) A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number). (Department
of Public Health and Environment)
C. The applicant shall provide the Department of Planning Services with a property
maintenance plan for review and approval. (Department of Planning Services)
D. The applicant shall enter into a Private Improvements Agreement according to
policy regarding collateral for improvements and post adequate collateral for all
landscaping, transportation (access drive, parking areas, etcetera) and non-
transportation (plant materials, fencing, screening, water, signage etcetera). The
agreement and form of collateral shall be reviewed by County Staff and accepted
by the Board of County Commissioners prior to recording the USR plat. Or the
applicant may submit evidence that all the work has been completed and
reviewed by the Department of Planning Services and the Department of Public
Work. (Department of Planning Services)
E. The applicant shall address the requirements (concerns) of Weld County
Building Department, as stated in the referral response dated October 26, 2006.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
F. The applicant shall address the requirements (concerns) of Colorado
Department of Transportation, as stated in the referral response dated October 6,
2006. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
G. The applicant shall attempt to address the requirements (concerns) of the Town
of Milliken, as stated in the referral response dated October 11, 2006. Evidence
of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
H. The applicant shall attempt to address the requirements (concerns) of the Town
of Gilcrest, as stated in the referral response dated October 30, 2006. Evidence
of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
The applicant shall address the requirements (concerns) of Weld County
Department of Public Works specifically in regards to the storm water drainage,
as stated in the referral response dated October 11, 2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
J. The applicant shall contact the Colorado Department of Transportation regarding
the existing and future right-of-way of State Highway 85 and provide written
evidence of such to the Weld County Department of Planning Services.
(Department of Planning Services)
K. The applicant shall provide written evidence to the Department of Public Works
and Planning Services that the access meets the fire department and emergency
services regulations. (Departments of Planning Services and Public Works)
L. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning
Services)
2. All plats shall be labeled USR-1585. (Department of Planning Services)
3. The approved Landscape/Screening Plan. (Department of Planning
Services)
4. The approved Signage Plan. (Department of Planning Services)
5. The plat shall be in compliance with Section 23-3-250 A. and B. of the
Weld County Code. (Department of Planning Services)
6. State Highway 85 right-of-way shall be delineated on the plat as
approved by the Colorado Department of Transportation. The applicant
shall verify the existing right-of-way and the documents creating the
right-of-way. (Department of Planning Services)
7. The off street parking spaces including the access drive shall be
surfaced with gravel, asphalt, or the equivalent and shall be graded to
prevent drainage problems. (Department of Public Works)
8. The public and employee parking area shall be equipped with wheel
guards where needed to prevent vehicles from extending beyond the
boundaries of this space and from coming into contact with other
vehicles, walls, fences, or plantings. (Department of Public Works)
9. Section 23-3-250.A.2 of the Weld County Code addresses parking.
Sufficient screened, off-street, paved parking areas shall be provided to
meet the requirements of employees, company vehicles, visitors and
customers of the Uses Allowed by Right and Accessory Uses. 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 proposed facility has two offices and a sales yard. The parking
requirement for office uses are one space for every two employees plus
one space per 500 SF. The area delineated on the drawings submitted
is 902 SF, with written documentation stating there are five employees
on premises, therefore five (5) parking spaces are required for the office
area. The sales yard would not require any additional parking areas.
The Department of Planning Services is recommending that a total of
eight (8) parking be required for this facility of which one must meet the
requirements of the Americans with Disabilities Act. The plat is currently
delineating eight (8) spaces and the Department of Planning Services is
in support of the number of spaces shown. (Department of Planning
Services)
10. Section 23-3-250.A.6 of the Weld County Code addresses the issue of
trash collection areas. Areas used for storage or trash collection shall be
screened from adjacent public rights-of-way and all adjacent properties.
These areas shall be designed and used in a manner that will prevent
wind or animal scattered trash. (Department of Planning Services)
11. Section 23-3-250.B addresses operation standards for Commercial uses.
The applicant shall address the issue of on-site lighting, including
security lighting if applicable. Subsection F. states "any lighting ... shall
be designed, located and operated in such a 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...."
(Department of Planning Services)
M. 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)
2. Upon completion of 1.. 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)
3. 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 mapseco.weld.co.us.
(Department of Planning Services)
4. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Union Pacific Railroad
ATM Auto Sales
USR-1585
1. A Site Specific Development Plan and a Special Review Permit for a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone District
(Vehicle sales establishments) 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. Hours of operation shall be from 9:00am to 6:00pm Monday through Saturday, closed on
Sunday as requested in the application material. (Department of Planning Services)
4. The site shall be limited to no more than five (5) employees on site as stated in the
application material. (Department of Planning Services)
5. The sign on the site shall be in accordance with the approved signage plan, which consists of
one sign, not to exceed one hundred (100) square feet in size, and no banners will be
allowed on the site. (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., 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)
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., as amended. (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.
(Department of Public Health and Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health and Environment)
10. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency. (Department of Public
Health and Environment)
11. 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)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
14. Sewage disposal for the facility shall be by septic system, permit # SP-9600314. 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)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
Groundwater may not meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. The applicant is strongly encouraged to test
their drinking water prior to consumption and periodically test it over time. (Commercial Well
#198105) (Department of Public Health and Environment)
16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
17. 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)
18. Off street parking, display parking, vehicle overflow area, and the access drive shall be
surfaced with recycled asphalt, gravel, or the equivalent and shall be a graded and drained
road to provide an all weather access. (Department of Public Works)
19. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
20. Effective August 1, 2005, Building permits issued on the subject site 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)
21. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
22. Property shall be maintained in such a manner that grasses and weeds are not permitted to
grow taller than twelve (12) inches. In no event shall the property owners allow the growth of
noxious weeds. (Department of Planning Services)
23. 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. (Platte
Valley Soil Conservation District)
24. 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 constructed as traffic control
devices. (Department of Planning Services)
25. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development, completion, recompletion, re-entry, production and
maintenance operations associated with existing or future operations located on these lands.
(Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240,Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
28. Personnel from Weld County Government 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.
29. 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.
30. 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.
If it is determined at the public hearing that there is probable cause that you are not in compliance
with USR-1585, the Board of County Commissioners will schedule a Show Cause public hearing
to consider revocation of the Use by Special Review permit.
Any information you have that may help to resolve this matter will be helpful. Should you have
any questions regarding this letter, or if you need any further information, please feel free to
contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of
time with you.
Sincerely,
JacquelinL Hatch
Planner
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