HomeMy WebLinkAbout20021728.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-1377
APPLICANT: Gary & Carol VanderWal
PLANNER: Carla Angeli
LEGAL DESCRIPTION: Lot A of RE-359; part of the SE4 of Section 8, T5N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: 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 Districts (Dairy equipment business, Storage buildings) in
the A(Agricultural)Zone District.
LOCATION: West of and adjacent to WCR 17 and north of and adjacent to HWY 34.
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 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. The site is approximately 8.5 acres is
size which is less than the 80 acres considered viable for a farm operation. The dairy
equipment repair business is consistent with the zone district in that it supports and helps
maintain agricultural operation within the County.
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 by right, an
accessory use, or a use by special review in the commercial or industrial zone districts
(Dairy equipment business, Storage buildings) 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 property is surrounded to the North by a sod farm and the
Windsong Ranch Subdivision. There is a farm and house to the West. Across Highway 34
to the South is a farm and the Indianhead Subdivision lies to the Southwest. East of the site
is a farm and the western border of the City of Greeley.
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 of the Town of Windsor and the
City of Greeley. The Town of Windsor Planning Commission recommended approval of the
application. The applicant shall attempt to address the requirements of the Windsor-
Severance Fire Protection District as well as screen all outside storage of vehicles and
equipment. The City of Greeley found the application does comply with their
Comprehensive Plan and recommends the Colorado Department of Transportation review
the access from Highway 34.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The site is located within the Windsor Road Impact Fee Area as identified on maps
officially adopted by the County.
(4. EXHIBIT
2002-1728
UUSt1'1317
Resolution USR-1377
Gary VanderWal
Page 2
Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Windsor Road Impact Program area.
f. Section 23-2-220.A.6-The site is designated"Other Land"as identified on the Farmlands of
National Importance map dated 1979. The 8.5 acre site will not take prime farmland out of
production or make farming practices less efficient.
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 delineate the following:
Use by Special Review 1377 (Department of Planning Services)
ii. The attached Development Standards. (Department of Planning Services)
B. The existing septic system for the residence/office 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. (Department of Public Health and Environment)
C. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health and Environment. The Environmental Health Division
of the Weld County Department of Public Health and Environment was unable to locate a
septic permit for the house located on the westernmost side of the site plan (near the pool).
Any existing septic system(s) which is not currently permitted through the Weld County
Department of Public Health and Environment will require an I.S.D.S. Evaluation prior to the
issuance of the required septic permit(s). In the event the system(s) is found to be
inadequate the system(s)must be brought into compliance with current I.S.D.S.regulations.
(Department of Public Health and Environment)
D. In the event,vehicle or equipment washing is conducted on the site the applicant shall ensure
that all effluent and discharges from the washing of vehicle(s)and/or equipment is captured
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)
E. The applicant shall attempt to address the requirements of the Windsor-Severance Fire
Protection District. (Department of Planning Services)
F. The applicant shall submit an approved landscape,screening,and lighting plan.(Department
of Planning Services)
Resolution USR-1377
Gary VanderWal
Page 3
G. A separate building permit shall be obtained prior to the construction,alteration,or renovation
of any building. A separate building permit may be required for any change in the use of any
building. (Department of Building Inspection)
H. Structures shall be separated from each other in accordance with the provisions of Chapter
5 of the 1997 Uniform Building Code. (Department of Building Inspection)
A plan review will be required for all buildings. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
the permit. (Department of Building Inspection)
J. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999
NEC and Chapter 29 of the Weld County Code. (Department of Building Inspection)
K. 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)
L. The applicant shall submit two(2)paper copies of the Use by Special Review plat for review
and approval. (Department of Planning Services)
M. The applicant shall establish one of the houses on the property as a non conforming structure
with the Department of Planning Services. (Department of Planning Services)
n 2. Upon completion of 1 above the application 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.
3. 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)
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Gary and Carol VanderWal
USR- 1377
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 Districts(Dairy equipment Business,
Storage buildings)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 normal hours of operation shall be from 7:00 a.m. to 6:00 p.m. Monday through Friday except
in cases of emergency. (Department of Planning Services)
4. 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)
5. 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. (Department of Public Health and Environment)
6. 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)
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. 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)
9. Adequate handwashing and toilet facilities shall be provided for employees. (Department of Public
Health and Environment)
10. The facility shall utilize the existing public water supply. (Little Thompson Water District)(Department
of Public Health and Environment)
11. In the event a bathroom is necessary for the proposed metal building,an individual sewage disposal
system is required and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designated by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
12. In the event, vehicle or equipment washing is conducted on the site the applicant shall ensure that
all effluent and discharges from the washing of vehicle(s)and/or equipment is captured 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)
13. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the (Windsor Service Area Road Impact Program). (Department of Planning Services)
14. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
Resolution USR-1377
Gary VanderWal
Page 2
15. The off-street parking spaces including the access drive should be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
18. 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.
19. 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.
20. 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 Stephan Mokray
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,
Colorado, adopted on June 18, 2002.
Dated the 181h of June, 2002.
Voneen Macklin
Secretary
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