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HomeMy WebLinkAbout20021438.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephan Mokray 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: USR-1385 APPLICANT: William Ward PLANNER: Chris Gathman LEGAL DESCRIPTION: Lot A of RE-2235; part of the SW4 NE4 of Section 31, T3N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Use Permit for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts{Slide in Truck Camper sales, indoor storage of slide in truck camper parts, RV Service and Repair (not including chassis or engine repair), sale of RV parts and accessories, embroidery/sewing of slide in truck camper cushions, hats and jackets, and sales of hats and jackets.} LOCATION: East of and adjacent to WCR 25 '72; approximately'% mile south of WCR 28. 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 ordinances in effect. Section 22-2-150 C.Goal 2 of the Weld County Code states"Ensure the compatibility of commercial land uses with adjacent land uses." This facility is located adjacent to an existing Oil and Gas Support and Service facility(Rocky Mountain Oil Tools, Inc.)that was approved under Special Use Permit 1216. With the exception of storage of slide in truck campers, all materials will be stored inside and relatively few vehicle trips will be generated by this operation. The applicants are proposing a one-hundred twenty (120)square foot lighted sign along the eastern property line. The property in question is zoned A(Agricultural). Section 23- 4-90 of the Weld County Code allows one identification sign per principal use in the Agricultural zone district be allowed provided the sign does not exceed sixteen (16) square foot in area. The proposed identification sign (due to its location in proximity to Highway 85) shall not exceed 36 square feet. 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.R of the Weld County Code provides 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 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. This facility is located adjacent to an existing Oil and Gas Support and Service facility(Rocky Mountain Oil Tools, Inc.). State Highway 85 is located immediately west of this site. Farmground and vacant land is located west of and south of the site. _ Exn tIt 2002-1438 0.541.1-13817 Resolution USR-1385 William Ward 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 proposed use is located within the 3-mile referral area for the Town of Platteville. The Town of Platteville, in a referral received April 23, 2002, indicated no conflict with their interests. e. .Section 23-2-220.A.5—The site does not lie within any Overlay Districts. f. Section 23-2-220.A.6—The applicant has demonstrated a diligent effort has been made to conserve prime farmland in the locational decision for the proposed use. The proposed use is located on land designated "Prime" by the 1979 Soil Conservation Service Important Farmlands of Weld County Map. However, the size of the site (3 acres) and location of existing improvements and concrete access and parking areas on the property make the property impractical to farm. 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 are sufficient to 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. Should the Planning Commission motion to approve this application, Planning Staff recommends the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department of Planning Services) 2. Prior to scheduling a Board of County Commissioners hearing: A. The applicant shall submit a detailed plan outlining how irrigation will be provided for on- site landscaping. (Department of Planning Services) 3. Prior to recording the plat: A. The plat shall be labeled USR-1385. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1) The special review plat shall satisfy submittal requirements outlined in Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The approved Landscape Plan. (Department of Planning Services) 4) The camper display area. Resolution USR-1385 William Ward Page 3 5) WCR 25.5 is designated on the Transportation Plan Map as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60- foot right-of-way. A total of 30-feet from the centerline of WCR 25.5 shall be designated on the plat. (Department of Public Works) C. A Landscape Plan shall be submitted for review and approval by the Department of Planning Services. Plant types, sizes and heights shall be indicated on the plan. The landscaping plan shall address screening along Highway 85, the parking area and open areas adjacent to Weld County Road 25.5. Proposed landscaping in clear vision areas shall be no more than 2.5 feet height. (Department of Planning Services) D. The septic system serving the embroidery/sewing shop shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the 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. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) E. 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: 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).Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) F. The application shall address the requirements of the Weld County Department of Public Works in regards to the existing drainage pond. Evidence of Department of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) G. Upon completion of items 3A through 3F, 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) 4. Prior to operation: A. The applicant shall address the requirements of the Weld County Department of Building Inspection as outlined in their referral received April 22, 2002. (Department of Building Inspection) 5. The applicant shall provide a copy of the approved augmentation plan and the well permit for irrigation of landscaping to the Department of Planning Services. (Department of Planning Services) Resolution USR-1385 William Ward Page 4 6. Upon completion of 3 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) 7. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Recorded Exemption/Subdivision Exemption/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(o)_co.weld.co.us. (Department of Planning Services) 8. 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) t^ n SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS William Ward USR-1385 1. The Site Specific Development Plan and Special Use Permit is for a Use by Right, an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone District(Slide in truck camper sales, indoor storage of slide in truck camper parts, RV Service& Repair(not including chassis or engine repair), sale of RV parts and accessories, embroidery/sewing of slide in truck camper cushions and hats and jackets and sales of hats and jackets) 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. The on-site identification sign proposed adjacent to State Highway 85 shall not exceed 36 square feet. (Department of Planning Services) 4. Any on-site signs to be illuminated shall be internally illuminated.(Department of Planning Services) 5. Hours of operation shall be from 8:30 A.M. to 5:30 P.M. Monday through Saturday as indicated in the application. (Department of Planning Services) 6. RV (Recreational Vehicle) service and repair work shall be conducted within enclosed buildings. No storage of RV or parts and accessory shall be allowed outside. (Department of Planning Services) 7. The off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent. It shall be graded to prevent drainage problems. (Department of Public Works) 8. The applicant shall utilize the existing access from WCR 25.5. (Department of Public Works) 9. The applicant shall utilize the parking areas designated on the plat. (Department of Public Works) 10. 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) 11. 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) 12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Works and Environment) 13. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 14. 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) 15. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling.(Department of Public Health and Environment) 16. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) Resolution USR-1385 William Ward Page 2 17. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 22. Personnel from the Weld County Departments of Public Health and Environment,Public Works and Planning Services 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. 22. 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. 23. 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. Motion seconded by Cathy Clamp. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin Cristie Nicklas Cathy Clamp Stephan Mokray John Folsom 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,Voneen Macklin, 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 May 21, 2002. Dated the 21'of May, 2002. Voneen Macklin Secretary Hello