HomeMy WebLinkAbout20040819.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray,that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1428
APPLICANT: John Walkusch
PLANNER: Chris Gathman
LEGAL DESCRIPTION: SE-485; part SW4 Section 18, T6N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by
Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (repair work on heavy duty trucks and farm
equipment).
LOCATION: Approximately 600 feet north of Hwy 392; ''A mile west of CR 25.
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 22-2-60.A.1 (A.Goal 1)promotes
the preservation of prime farmland for agricultural purposes which foster the economic health
and continuance of agriculture. The proposal does not effect the productivity of the site.
b. Section 23-2-220.A.2 -The proposed use is consistent with the intent of the A(Agricultural)
Zone District.
c. Section 23-2-220.A.3 - The uses which will be permitted will be compatible with existing
surrounding land uses.
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 future
development as projected by Chapter 22 of the Weld County Code or Master Plans of
affected municipalities.
e. Section 23-2-220.A.5-The proposed use does is not located within any Overlay District Area.
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.
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 the
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 Board of County Commissioners recommend approval of this application, the Planning
Commission recommends the following conditions and development standards be attached:
1. Prior to scheduling a Board of County Commissioners hearing: n
1) The applicant shall submit a detailed signage plan to the Weld County Department o
Planning Services. (Department of Planning Services)
2004-0819 ^K
Resolution USR-1428
John Walksch
Page 2
2) The applicant shall either submit to the Weld County Department of Planning Services a copy
of an agreement with the properties mineral owners/operators stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral owners.
(Department of Planning Services).
2. Prior to recording the plat:
A. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT) as outlined in their referral received May 1, 2003. Written evidence of CDOT
approval shall be submitted to the Department of Planning Services. Written evidence of
such shall be provided to the Department of Planning Services. (CDOT)
B. The applicant shall attempt to address the requirements of the Windsor-Severance Fire
District as outlined in their referral received May 12,2003.Written evidence of such shall be
submitted to the Department of Planning Services. (Windsor-Severance Fire District)
C. The applicant shall attempt to address the recommendations of the City of Greeley as
outlined in their referral received May 1, 2003. Written evidence of such shall be submitted
to the Department of Planning Services. (City of Greeley)
D. A building permit shall be obtained for the existing buildings associated with the use unless
evidence can be submitted that a permit and all required inspections were performed.
Building Permit applications shall include all uses to which the buildings are, or will be,used.
A plot plan shall be submitted showing all structures with accurate distances between
structures, and from structures to all property lines. (Department of Building Inspection)
E. A plan review is required for each building for which a building permit is required. Plans for
the shop shall include a floor plan and a complete description of the extent of the work that
will be done to repair vehicles. Two complete sets of plans are required when applying for
each permit. (Department of Building Inspection)
F. The applicant shall abandon the cesspool in accordance with Weld County Code. Written
verification or physical evidence that the cesspool has been properly abandoned shall be
submitted to the Weld County Planning Department and the Weld County Department of
Public Health and Environment. (Department of Public Health & Environment)
G. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health&Environment,for approval prior to operation. (Department of
Public Health & Environment)
H. 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). (Department of Public
Health & Environment)
The applicant shall submit a screening plan for review and approval by the Department of
Planning Services. Types and height of screening materials shall be delineated in the
screening plan. (Department of Planning Services)
Resolution USR-1428
John Walksch
Page 3
J. The West 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)
K. The applicant shall attempt to address the recommendations of the Weld County Sheriff's
Office as outlined in their referral dated June 13, 2003. (Weld County Sheriff's Office)
L. The existing semi trailers stored on the property shall be screened from adjacent properties
and rights-of-way and shall be currently licensed. Evidence of such shall be submitted to the
Department of Planning Services. (Department of Planning Services)
M. The plat shall be amended to delineate the following:
A. The plat shall be labeled USR-1428
B. The attached Development Standards. (Department of Planning Services)
C. The proposed internal traffic circulation pattern shall be indicated. (Department of
Planning Services)
D. The applicant shall address the requirements of the Americans with Disabilities Act
on the plat. A minimum of one (1) handicapped space is required. Typically, one
parking space shall be van accessible with a five foot wide landing between parking
spaces. Access from the parking area into the structure shall be indicated.
(Department of Planning Services)
E. The approved screening and buffering plan. (Department of Planning Services)
F. 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 maps(a�co.weld.co.us. (Department of Planning Services)
5. Prior to Certificate of Occupancy:
A. If the applicant does not include the existing home within the USR boundaries an individual
sewage disposal system is required for the proposed shop and shall be installed according
to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health
& Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations. (Public
Health & Environment)
Resolution USR-1428
John Walksch
Page 4
6. 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
�-. John Walkusch
USR-1428
1. The Site Specific Development Plan and Special Use Permit is for a Use by Right, Accessory Use
or Use by Special Review in the C(Commercial)or I (Industrial)Zone Districts(repair work on heavy
duty trucks and farm equipment) 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 equipment and vehicles to be repaired shall be stored inside existing buildings and/or within the
fenced storage area. (Department of Planning Services)
4. No outside repair or maintenance/oil changes shall be conducted with the exception of routine
maintenance. (Department of Planning Services)
5. The off-street parking spaces including the access drive shall be surfaced with gravel or equivalent
and shall be graded to prevent drainage problems. Each parking space adjacent to the building shall
be equipped with a wheel guard or curb stop where necessary to prevent from extending beyond the
boundaries ofthe space and from coming into contact with other vehicles,walls,fences,or plantings.
(Department of Public Works)
6. 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 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)
7. 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 &
Environment)
8. 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 & Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health & Environment)
10. In accordance with the Underground and Above Ground Storage Tank Regulations(7 CCR 1101-14)
a spillage retention berm shall be constructed around the tank battery. The volume retained by the
spillage berm should be greater than the volume of the largest tank inside the berm. Alternative
protective measures may be allowed provided they comply with the Above Ground Storage Tank
Regulations. (Department of Public Health & Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health & Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health & Environment)
13. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's)and
volatile organic compounds (VOC's). (Department of Public Health & Environment)
Resolution USR-1428
John Walksch
Page 2
14. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health & Environment)
15. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health &
Environment)
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health & Environment)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health & Environment)
18. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Countywide Road Impact area (Ordinance 2002-11). (Department of Planning
Services)
19. The screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
20. 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)
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. Weld County Personnel 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.
Motion seconded by James Rohn
Resolution USR-1428
John Walksch
Page 3
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Doug Ochsner
Tim Tracy
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 March 2, 2004.
Dated the 2nd of March, 2004.
Voneen Macklin
Secretary
Hello