HomeMy WebLinkAbout20022154.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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: USR-1376
Applicant: Jennifer Bargen/Bart Stoneback
848 WCR 17
Brighton, CO 80603
Request: A Site Specific Development Plan and a Special Review Permit for a
business permitted as a use by right or accessory use in the Commercial
Zone District (Landscaping Materials Yard) in the A (Agricultural) Zone
District
Legal Description: N2 NW4 Section 33, -11 N, R67W of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to Weld County Road 4 and east of and adjacent to
Weld County Road 17
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 B.1 (C.Goal 2)states
"ensure the compatibility of commercial land uses with adjacent land uses. The proposed
use will have little, if any, impact upon the surrounding properties.
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 business
permitted as a use by right or accessory use in the Commercial 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. Surrounding Properties are agricultural in nature with few homes
in close proximity. Although the landscaping materials yard has been operating from the
site, no complaints have been received from the surrounding property owners. The
Conditions of Approval and Development Standards will ensure compatibility.
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 City of Northglenn. In a
referral received June 6, 2002, the city indicated no conflicts with their interests.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code.
Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program area 3.
Ij EXHIBIT
2002-2154
Use 11374
Resolution USR-1376
Bargen/Stoneback
Page 2
A small portion of the northwest corner lies within the flood plain as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 0990 C dated
September28, 1982.No improvements are delineated in this area.Any future development
shall comply with the Flood Hazard Overlay District requirements of Chapter 23,Article V,
Division 3 of the Weld County Code.
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 site is designated
"other"and"High Potential Dry Cropland-Prime if they Become Irrigated"by the USDA Soil
Conservation Services. The site does not have any irrigation, therefore, no prime farm
ground will be taken out of production. Further,the operation is located on a small portion
of the property which will allow the remainder to stay in 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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a Landscape/Screening Plan for review and approval.The plan
shall also address the following:
1) The applicant shall delineate an opaque visual screen on all sides of the property
to mitigate the potential negative impact and aesthetic concerns on surrounding
properties.
2) 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 adjacent properties. These areas shall be
designed and used in a manner that will prevent wind or animal scattered trash.
3) 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...."
4) The applicant has not delineated any on-site sign(s). If an on-site sign(s) is
desired, the signs shall adhere to Section 23-4-90.A and .B of the Weld County
Code. One identification sign per principal use shall be allowed, provided that the
sign does not exceed sixteen (16) square feet in area per face. Further, the
location of the sign, if applicable shall be delineated on the Landscape/Site Plan.
(Department of Planning Services)
B. The applicant shall submit a Parking Plan to the Weld County Department of Public Works
for review and approval. The plan shall indicated separate, adequate parking areas for
equipment and employees. Evidence of Public Works approval shall be submitted to the
Weld County Department of Planning Services. (Department of Public Works)
Resolution USR-1376
Bargen/Stoneback
Page 3
C. The applicant shall contact the Weld County Sheriffs Office to discuss safety,security and
crime prevention. (Sheriff's Office)
D. The applicant shall complete all proposed screening/landscaping or enter into an
Improvements Agreement according to policy regarding collateral for improvements and
post adequate collateral for all screening materials. 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. (Department of Planning Services)
E. The applicant shall submit a dust abatement plan to the Environmental Health Services,
Weld County Department of Public Health & Environment. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
F. The septic system serving the house 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 Health Services approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
G. 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 Health Services approval shall be submitted to the Weld County 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).
H. The plat shall delineate the following:
1) The approved Landscape/Screening Plan. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The Use by Special Review boundary and associated legal description shall not
include Lot A of Recorded Exemption 3222.
4) The approved Parking Plan. (Department of Public Works)
5) Weld County Roads 4 and 17 are designated on the Southwest Study Area
Capacity Improvement Needs as paved rural roads. There is presently 60 feet of
right-of-way. Thirty(30)feet from the center line of Weld County Roads 4 and 17
shall be delineated on the plat as right-of-way. (Department of Public Works)
6) The existing access to Weld County Road 4 shall be labeled as a secondary
access to remain gated. (Department of Public Works)
7) The plat shall be labeled USR-1376. (Department of Planning Services)
Resolution USR-1376
Bargen/Stoneback
Page 4
8) Location of and the required setbacks from oil wells. (Greater Brighton Fire
Protection District)
2. 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. 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)
4. 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 mapsco.weld.co.us. (Department of Planning Services)
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
Jennifer Bargen/Bart Stoneback
USR-1376
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a use
by right or accessory use in the Commercial Zone District (Landscaping Materials Yard) 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 applicant shall retain and release at a historical rate any additional storm water that may be
generated by the existing asphalt area and new bulk material unloading areas. (Department of
Public Works)
4. Outside storage of combustible materials; piles shall not exceed twenty (20) feet in height, one-
hundred fifty (150) feet in width , and two-hundred fifty (250) feet in length. Outside storage of
combustible material shall maintain thirty(30)feet clearance from any structure. (Greater Brighton
Fire Protection District)
5. Combustible vegetation shall be kept clear of structures to a minimum distance of thirty(30)feet.
(Greater Brighton Fire Protection District)
6. There shall be no storage within thirty(30)feet from any existing oil wells. (Greater Brighton Fire
Protection District)
7. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program area 3. (Department of Planning Services)
8. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/Screening plan. (Department of Planning Services)
9. The existing access to Weld County Road 4 shall only be used as a secondary access and is to
remain gated. (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 Health 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. Adequate toilet and hand washing facilities shall be provided for employees. The employees shall
Resolution USR-1376
Bargen/Stoneback
Page 2
be allowed to use the toilet facilities located in the residence. (Department of Public Health and
Environment)
16. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof. (Department of Public Health and Environment)
17. The facility shall provide an adequate water supply for drinking and sanitary purposes.(Department
of Public Health and Environment)
18. All tank batteries located on this application shall comply with the Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
19. No retail sales shall be allowed on the site. (Department of Planning Services)
20. Hours of operation shall be from 7 o'clock a.m.to 4 o'clock p.m.(Department of Planning Services)
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
23. 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.
24. 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.
25. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
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, Donita May, 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 July 16, 2002.
Dated the 16th of July, 2002.
UUt,uXa Gi
Donita May
Secretary
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