HomeMy WebLinkAbout20040113 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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Moved by Stephen Mokray, along with the amendment of Development Standard 19, 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-1442
APPLICANT: Jon Moser
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot B of RE-1566 Section 9, T6N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or a Use by Special Review
in the Commercial or Industrial Zone Districts (the selling, manufacturing
and outdoor storage of metal products)in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 72 and east of and adjacent to CR 31.
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 23-2-260.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.Goal 1) states,
"Conserve agricultural land for agricultural purposes which fosters the economic health and
continuance of agriculture." The property is designated as Prime Farmland of National
Importance according to the USDA Soil Conservation Services of Weld County Map dated
in 1979. The proposed uses will only be on 1.51 acres of the total site and will not take out
any additional farmland.
B. Section 23-2-260.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Currently the property is in violation(VI-0300026)for operating a metal cutting
business without a Use by Special Review (USR). Upon approval of the USR the violation
will be closed. Section 23-3-40.R of the Weld County Code provides for a use permitted as
a use by right, an accessory use, or a use by special review in the commercial or industrial
zone districts, (the selling, manufacturing and outdoor storage of metal products)as a Use
by Special Review in the A(Agricultural) Zone District.
C. Section 23-2-260.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property to the north is primarily agricultural. The
surrounding properties to the east, west and south are residential. The development
standards and conditions of approval will ensure compatibility with adjacent properties.
D. Section 23-2-260.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 subject property lies within the three-mile referral area of the Town of
Eaton, the City of Greeley, and the Town of Severance. The Town of Eaton stated in their
referrals received August 25, 2003 that they had no conflicts with the request. The City of
Greeley, in their September 16, 2003 referral indicated that the applicant shall adhere to
"" setbacks, all outdoor storage shall be screened or enclosed, material that is not resistant to t
damage from exposure to the outside environment should not be place outside for a period
in excess of 24 hours and 50 feet from the centerline of County Road 29 should be reserved
for future development. The City of Greeley's concerns have been addressed in the
conditions of approval and development standards. The Town of Severance did not respond
to the referral request.
2004-0113
Resolution USR-1442
John Moser
Page 2
E. Section 23-2-260.A.5 --The site does not lie within any Overlay Districts. Building Permits
issued on the Lot will be required to adhere to the fee structure of County Wide Road Impact
Program (Ordinance 2002-11).
F. Section 23-2-260.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The subject site is
designated Prime Farmland o f N ational Importance according to the 1979 USDA Soil
Conservation Services. The USR will only occupy 1.51 acres which have already been
developed substantially limiting its agricultural value.
G. Section 23-2-260.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 scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are 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 USR plat. (Department of Planning Services)
B. Written Evidence from Bonanza Creek Oil Company, LLC indicating all requirements and
agreements between the surface developer and Bonanza Creek Oil Company have been
completed as stated in their referral received September 15, 2003 shall be submitted or
evidence that an attempt has been made to mitigate their concerns to the Department of
Planning Services. (Bonanza Creek Oil Company)
2. Prior to recording the plat:
A. The plat shall be labeled USR-1442 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Landscape/Screening Plan. (Department of Planning Services)
3) County Road 29 is designated on the Road Capital Improvement Plan in the County
Wide Impact Fee Code Ordinance, Section 20-1-30 as a local gravel road, which
requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-of-
way. A total of 30 feet from the centerline of County Road 29 shall be delineated
right-of-way on the plat. This road is maintained by Weld County. (Department of
Public Works)
4) County Road 72 is designated on the Road Capital Improvement Plan in the County
Wide Impact Fee Code Ordinance, Section 20-1-30 as a local gravel road, which
requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-of-
way. A total of 30 feet from the centerline of County Road 72 shall be delineated
right-of-way on the plat. This road is maintained by Weld County. (Department of
Public Works)
Resolution USR-1442
John Moser
Page 3
C. The applicant shall submit a Screening/Landscape Plan for review and approval which
includes the following information:
1) The applicant shall demonstrate how the proposed plant material will be irrigated.
2) The applicant shall delineate on-site lighting, including security lighting if applicable.
3) The applicant shall delineate the location of any proposed and existing plant
material. Existing shall be delineated as a circle with a dot in the middle, proposed
shall be delineated as a circle with a"+" in the middle.
4) The Landscape Plan shall indicate a site for a trash collection that is sufficiently
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. (Department of Planning Services)
D. The applicant shall delineated sufficient screened off street paved parking areas. All parking
and loading areas shall be screened from adjacent properties and road rights-of-way.
(Department of Planning Services)
E. Written evidence from the Department of Building Inspection indicating all Building Inspection
requirements have been completed as stated in their referral received September 10,2003
shall be submitted to the Department of Planning Services. (Department of Building
Inspection)
F. The West Greeley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on site
soils. (West Greeley Soil Conservation District)
G. This facility, shall adhere to Appendix 23-B of the Weld County Code. The total number of
on-site parking for this facility shall be six (6) spaces, of which one (1) shall be a van
accessible handicapped parking stall meeting all of the requirements as set forth in the
Americans with Disabilities Act. Further, the applicant shall delineate curb stops for the
parking spaces shown on the USR plat. (Department of Planning Services)
H. The applicant shall address and adhere to the American with Disabilities Act and ADA
standards for this facility at all times. Non-ambulatory/Ambulatory parking spaces shall be
identified and shown on the plat. This site will be required to meet all requirements of the
Americans with Disabilities Act. At least one space must be van accessible. The parking
spaces must be the closest possible to the entrance. Signing will be required. Curb cuts,
ramps and other methods of providing accessibility shall be required to reasonably attempt
to meet the requirements of this Act. Should the applicant elect to not adhere to the
previously discussed Federal Standards, this office requests that the applicant outline how
their proposed site design mitigates the requirements of the American's with Disabilities Act.
(Departments of Planning Services)
The applicant shall attempt to address the requirements (concerns)of the City of Greeley,
as stated in the referral response received September 16, 2003. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
J. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required 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)
K. 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)
Resolution USR-1442
John Moser
Page 4
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 mapsO)co.weld.co.us. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JON MOSER
USR-1442
1. The Site Specific Development Plan and Special Use Permit is for A Use Permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts,
(the selling, manufacturing and outdoor storage of metal products) 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 Light Industrial Zone
District as delineated in 25-12-103, C.R.S., as amended. (Department of Public Health and
Environment)
8. Adequate toilet facilities shall be provided for the public. (Department of Public Health and
Environment)
9. The facility shall utilize the existing public water supply, North Weld County Water District.
(Department of Planning Services)
10. The applicant shall utilize the existing 20-foot gravel drive access from County Road 29 to the
proposed USR facility. (Department of Public Works)
11. The off-street parking spaces, loading and unloading areas around the shop area including the
access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
12. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and not prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and / or
unplanned ponding of storm run-off. (Department of Public Works)
13. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning
Services)
14. Changes in the character or use of existing buildings shall conform to the requirements of Section
3405 of the 1997 Uniform Building Code. (Department of Building Inspection)
15. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening
protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of
mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback
and offset distances shall be determined by the Zoning Ordinance. (Department of Building
Inspection)
Resolution USR-1442
John Moser
Page 2
16. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose
of determining the maximum building size and height for various uses and types of construction and
to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code.
Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order
to determine compliance with offset and setback requirements. Offset and setback requirements are
measured to the farthest projection from the building. (Department of Building Inspection)
17. All lighting on site must comply with Section 23-3-260 of the Weld County Code. (Department of
Planning Services)
18. All trash collection areas must comply with Section 23-3-350.H of the Weld County Code.
(Department of Planning Services)
19. Hours of operation for the selling and manufacturing of metal products will be limited to Monday -
Saturday 7:00 am - 5:30 pm. (Department of Planning Services)
20. The number of employees for the selling, manufacturing and outdoor storage of metal products will
be lirrftted to three. (Department of Planning Services)
21. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
22. 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)
23. Items not customarily used or stored outside or made of material that is not resistant to damage or
deterioration from exposure to the outside environment should not be placed, stored, or maintained
outside for a period in excess of 24 consecutive hours. (City of Greeley)
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 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.
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.
Motion seconded by Tim Tracy
Resolution USR-1442
John Moser
Page 3
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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 October 7, 2003.
Dated the 7th of October, 2003.
Voneen Macklin
Secretary
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