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Home My WebLink About20021846.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bryant Gimlin, 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-1388 APPLICANT: Edward & Debris Wolfe/Wiley Trucking PLANNER: Lauren Light LEGAL DESCRIPTION: Lot B of RE-2310; part of the S2 NW4 of Section 16, Ti N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a use permitted as a Use-by-Right in the Commercial or Industrial Zone District (Trucking Company) in the A(Agricultural)Zone District. LOCATION: East of and adjacent to WCR 29; approximately % mile south of WCR 10. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60.A.1 of the Weld County Code(A.Goal 1)states"Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." A portion of the site is considered prime agricultural land by the Important Farmlands of Weld County Map,dated 1979. Section 22- 2-60.1.1 of the Weld County Comprehensive Plan indicates that eighty (80) acres is considered the minimum lot size needed for a viable farming operation and the subject property is 73 acres in size. However, the applicants are proposing to designate 2 to 4 acres as the Special Use boundaries and continue to farm the remainder of the parcel. 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 a use permitted as a use-by-right in the Commercial or Industrial Zone District 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 proposed parking area and access have been located with consideration to adjacent homes. Further, Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated. 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 lies within the City of Fort Lupton three mile referral area. The City of Fort Lupton 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 to conserve prime agricultural land in the locational decision for the proposed use. The proposed site is t designated "Prime" and "Not Prime" by the USDA Soil Conservation Services. The parcel r a is Lot B of Recorded Exemption 2310 and a building envelope was designated on the Y property as part of that approval process. The proposed business will be located within the K building envelope and the applicants are intending to farm the remainder of the property. W twasiroms 2002-1846 `gairsonsisr Resolution USR-1388 Wiley Trucking Page 2 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 Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The plat shall be labeled Use by Special Review USR-1388 (Department of Planning Services) 3) The shop building shall be orientated so all truck parking is located on the south side of the building. (Department of Planning Services) 4) The USR boundaries shall delineate the appropriate acreage not to exceed four(4) acres, as indicated in the application materials. (Department of Planning Services) 5) All signage shall be indicated by location and size and shall adhere to Section 23-4- 90.A and B of the Weld County Code. (Department of Planning Services) 6) Lighting shall be indicated in accordance with Section 23-3-360.F of the Weld County Code. (Department of Planning Services) 7) Four(4)parking spaces,including spaces which adhere to ADA standards. Parking shall be screened from public rights-of-way and adjacent properties and shall meet the requirements of Section 23-3-350.B of the Weld County Code. (Department of Planning Services) 8) One (1) off-street loading parking area shall be indicated which meets the requirements of Section 23-4-50.A through and including Section 23-4-50.E of the Weld County Code. (Department of Planning Services) 9) The internal circulation shall be clearly indicated. (Department of Planning Services) 10) A trash collection area in accordance with Section 23-3-350.H of the Weld County Code. (Department of Planning Services) 11) Adequate screening for parking and loading areas shall be clearly indicated and shall meet the requirements of Section 23-3-320 of the Weld County Code. Adequate screening of outside storage shall be provided with solid board fencing spaced 1/4 inch and a minimum of six(6)feet in height or an equivalent screening provided that it is approved by the Planning Department. (Department of Planning Services) 12) A total of 30 feet from the centerline of Weld County Road 29 shall be delineated right-of-way on the plat. Resolution USR-1388 Wiley Trucking Page 3 B. The applicant shall submit written evidence to the Department of Planning Services and the Department of Public Health and Environment from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the commercial use. (Department of Public Health and Environment) C. The applicant shall attempt to address the requirements of the City of Fort Lupton as stated in the referral response dated April 29, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The Landscape Plan shall be amended as indicated in the review dated May 6, 2002. (Department of Planning Services) E. 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 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 mapseco.weld.co.us. (Department of Planning Services) 4. Prior issuance of a Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed shop and residence and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The proposed shop septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. The proposed residence septic system may be required to be designed by a Colorado Registered Professional Engineer. 5. 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 EDWARD AND DELORIS WOLFE/WILEY TRUCKING USR-1388 1. The Site Specific Development Plan and Special Use Permit is for a use permitted as a use-by-right in the Commercial or Industrial Zone District(Trucking Company)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. 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) 4. 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) 5. 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 Health and Environment) 6. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 8. The applicant shall operate in accordance with the approved"waste handling plan". (Department of Public Health and Environment) 9. Adequate handwashing and toilet facilities shall be provided for the employees of the facility. (Department of Public Health and Environment) 10. Any septic system located on the property must comply with all the provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 12. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment,Water Quality Control Division.(Department of Public Health and Environment) 13. Any equipment or vehicle washing area(s)shall capture all effluent and prevent discharges from the washing of equipment and vehicles in accordance with the Weld County Code, the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 14. Off-street parking spaces,including the access drive,shall be surfaced with gravel,asphalt,concrete, or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 15. The use of jake brakes shall not be allowed on Weld County Road 29 and at the intersection of Weld County Road 29 and Weld County Road 10. (Department of Public Works) Resolution USR-1388 Wiley Trucking Page 2 16. No parking or staging of trucks shall be allowed on Weld County Road 29. Utilize on-site parking areas. (Department of Planning Services) 17. All maintenance of trucks shall be performed within the shop or in an area that is screened from adjacent properties. (Department of Planning Services) 18. The number of trucks associated with the business shall not exceed five(5).(Department of Planning Services) 19. The maximum number of employees shall be five (5). This does not include the owners of the property. (Department of Planning Services) 20. The hours of operation shall be 6:00 am to 5:00 pm, Monday through Saturday. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. (Dept. of Planning Services) 21. Storage and parking of trucks on the parcel shall be limited to those operated or owned by Wiley Trucking. (Department of Planning Services) 22. The landscaping on site shall be maintained in accordance with the approved landscape plan. (Department of Planning Services) 23. The Special Use Permit shall not be transferable to any successors in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. (Department of Planning Services) 24. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 25. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 26. Personnel from the Weld County Departments of Public Health and Environment, Planning Services and Public Works 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. 27. 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. 28. 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. Resolution USR-1388 Wiley Trucking Page 3 Motion seconded by Bruce Fitzgerald VOTE: For Passage Against Passage Absent Cristie Nicklas Fred Walker Michael Miller John Folsom Cathy Clamp Bryant Gimlin Stephen Mokray Luis Llerena Bruce Fitzgerald 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, e„• Colorado, adopted on June 18, 2002. Dated the 18th of June, 2002. orra2k--1 \\Th .— Voneen Macklin Secretary Hello