HomeMy WebLinkAbout20041227.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Western Equipment &Truck Inc. Case Number USR-1460
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Memo from Gloria Hice-Idler with CDOT dated 2/19/04 X
Department of Planning Services Field Check Form X
Planning Commissioner Mokray Field Check Form X
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
memo from Central Weld County Water District, dated 2/25/04 X
memo from Central Weld County Water District,dated 1/7/04 X
Soil Survey X
3 Referral List X
Referrals without comment X
Weld County School District, referral received 1/27/04 X
Town of Kersey, referral received 2/4/04 X
4 Referrals with comments X
Weld County Zoning Compliance, referral received 1/20/04 X
Weld County Department of Public Works, referral received 2/2/04 X
Weld County Department of Public Health and Environment, referral received X
2/10/04
Weld County Department of Building Inspection, referral received 2/17/04 X
Weld County Planning, Landscape, referral received 1/26/04 X
West Greeley Soil Conservation District, referral received 1/28/04 X
La Salle Fire Protection District, referral received 1/29/04 X
City of Greeley, referral received 2/5/04 X
Colorado Department of Transportation, referral received 2/3/04 X
2004-1227
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5 Surrounding Property Owners-Letters
64 PC Exhibits -- 2 Hcr' c1 m /(f r,r'-. Heac c
66 Leg-el 4 evil -the 6-andeti,Tari;ltf
I hereby certify that the BBBB items identified herein were submitted to the epa e 0 an ing Se ice t or prior to the
. ulrrp1g m sinners hearing.
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Michelle Katyryniuk O Planner
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WUDc LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number:USR-1460 Hearing Date: March 2, 2004
Applicant: Western Equipment & Truck, Inc. Address: 2055 First Ave
Greeley, CO 80631
Request: A Site Specific Development Plan and Special Review Permit 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, (vehicle maintenance, repair, parts supply
and sales, paint booth, retail, truck stop facilities, and vehicle sales) in the A
(Agricultural) Zone District.
Legal
Description: Lot B RE-3284; Pt. N2 NW4 Section 24, T5N, R65W of the 6th P.M.,Weld County,
CO
Location: South of and adjacent to State Highway 34 and East of and adjacent to County
Road 47
Size of Parcel: 64 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 1/20/04
• Weld County Department of Public Health and Environment, referral received 2/10/04
• Weld County Department of Public Works, referral received 2/2/04
• Weld County Department of Building Inspection, referral received 2/17/04
• Weld County Planning, Landscape, referral received 1/26/04
• West Greeley Soil Conservation District, referral received 1/28/04
• Weld County School District RE-6, referral received 1/27/04
• Town of Kersey, referral received 2/4/04
• La Salle Fire Protection District, referral received 1/29/04
• City of Greeley, referral received 2/5/04
• Colorado Department of Transportation, referral received 2/3/04
USR-1460 Western Equipment&Truck Inc. 1 EXHIBIT
•
The Department of Planning Services' staff has not received responses from the following
agencies:
Sheriff's Office
Division of Wildlife
Lower Latham Ditch Company
USR-1460 Western Equipment&Truck Inc. 2
(fj SPECIAL REVIEW PERMIT
1!�f ADMINISTRATIVE REVIEW
COLORADO
Planner: Michelle Katyryniuk Hearing Date: March 2, 2004
Case Number:USR-1460 Address: 2055 First Ave
Greeley, CO 80631
Applicant: Western Equipment & Truck, Inc.
Request: A Site Specific Development Plan and Special Review Permit 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, (vehicle maintenance, repair, parts supply
and sales, paint booth, retail, truck stop facilities, and vehicle sales) in the A
(Agricultural) Zone District.
Legal
Description: Lot B RE-3284; Pt. N2 NW4 Section 24, T5N, R65W of the 6th P.M., Weld County,
CO
Location: South of and adjacent to State Highway 34 and East of and adjacent to County
Road 47
Size of Parcel: 64 +/- acres Parcel Number: 0961 24 200038
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED 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 Department of Planning Services' staff 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.D (A.Goal
4) states, "Conversion of agricultural land to nonurban residential, commercial and
industrial uses will be accommodated when the subject site is in an area that can
USR-1460 Western Equipment&Truck Inc. 3
support such development. Such development shall attempt to be compatible with
the region."The proposed site is located south of and adjacent to State Highway 34
which serves as an major transportation arterial for semi-trucks who will be the
predominate users of the site.
Section 22-2-170.B(C.Goal 2), "Encourage the expansion and diversification of the
commercial economic base." The proposed commercial development is located in
an area that is free of natural hazards, such as the flood plain and geologic hazard.
The proposed development will be serviced by Central Weld County Water District
and an I.S.D.S sewage disposal system.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)zone district. Currently the property is in violation (VI-0300263)for the
presence of commercial equipment and vehicles without an approved and recorded
Use by Special Review (USR) and excavation was being conducted without an
excavation permit. Upon approval of the USR the violation will be closed. Section
23-3-40.R of the Weld County Code provides for a site specific development plan
and special review permit 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, (vehicle
maintenance, repair, parts supply and sales, paint booth, retail, truck stop facilities,
and vehicle sales) 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 surrounding property to the south and west are
primarily agricultural. The surrounding properties to the north include a Dairy for
530 cows, a guest farm, and residential uses. The property east of the site is
residential. The development standards and conditions of approval will ensure
compatibility with adjacent properties.
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 subject property lies within the three
mile referral area of the City of Greeley and the Town of Kersey. The Town of
Kersey in their referral received 2/4/04 reviewed the request and found no conflicts
with their interests. The City of Greeley in their referral received 2/5/04 is
requesting: no outdoor storage within any setbacks or landscaped areas,no outside
storage for items not suitable to outdoor conditions,all outdoor storage be screened
from view of the public right-of-way, all access drives and parking areas be paved
with asphalt or concrete, all utilities be stored underground, all roof mounted
mechanical equipment be concealed from view, and a buffer yard be provided. A
condition of approval has been included which requires the applicant attempt to
meet the city's concerns, however the proposed facility lies outside of the urban
growth boundaries of the City of Greeley.
E. Section 23-2-220.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
USR-1460 Western Equipment&Truck Inc. 4
Wide Road Impact Program (Ordinance 2002-11).
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effortto conserve
prime agricultural land in the locational decision for the proposed use.The proposed
use will occupy 64 acres designated Prime Farmland of National Importance
according to the 1979 USDA Soil Conservation Services. The site is located south
of and adjacent to State Highway 34 and 2.5 miles east of the City of Greeley. This
area is quickly becoming an urbanized corridor between the City of Greeley and the
town of Kersey thus limiting its agricultural value.
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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to April 1, 2004:
A. Written evidence from the mineral owners and/or lessees indicating all requirements
and agreements between the surface developer and the mineral owners and/or
lessees have been completed or evidence that an adequate attempt has been made
to mitigate their concerns shall be submitted to the Department of Planning
Services. (Department of Planning Services)
B. The applicant has delineated two on-site sign(s)on the plat. 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)
C. A letter from Central Weld County Water District shall be provided to the
Department of Planning Services which indicates not only that water is available for
the proposed development, but provide assurances that a connection will be made
with the appropriate size tap. The style of assurance may take several forms,
however pre-purchase of taps, line extension agreements, tap service agreements,
or another form of "participation agreement" will be acceptable. (Department of
Planning Services)
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1460 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
USR-1460 Western Equipment&Truck Inc. 5
1) The attached Development Standards. (Department of Planning Services)
2) The approved Landscape/Screening Plan. (Department of Planning
Services)
3) State Highway 34 requires 200 feet right-of-way at full build out. A total of
100 feet from the centerline of State Highway 34 shall be delineated right-of-
way on the plat. (Colorado Department of Transportation)
4) All access to State Highway 34 shall be closed and removed, except for the
oil and gas access road across from County Road 47.5. The oil and gas
access road shall be limited to only oil and gas activity. (Colorado
Department of Transportation)
5) All other activities on the site shall access from County Road 47 only.
(Colorado Department of Transportation)
6) The accesses shall be clearly shown on the plat with the commercial access
150 feet from the intersection of County Road 47 or State Highway 34.
(Department of Public Works)
7) A stop sign shall be placed in an appropriate location at both approaches to
County Road 47. (Department of Public Works)
8) The applicant shall remove the term "Lot" from the plat. (Department of
Planning Services)
9) The applicant shall show the circulation and parking requirements for areas
5 and 6. (Department of Planning Services)
10) The applicant shall delineate on the plat the location of the loading zone(s)
that are in compliance with Section 23-4-50 of the Weld County Code.
(Department of Planning Services)
11) The plat shall be amended to meet the required setbacks according to
Section 23-3-250.A.4 of the Weld County Code. (Department of Planning
Services)
12) Area 3 does not include enough information for review. Future development
of this area will require an amended to the USR or other applicable permit.
Therefore the note "Lot 3 (future development)" should be removed.
(Department of Planning Services)
13) The plat shall be amended in accordance with Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
C. The applicant shall submit a Landscape/Screening Plan for review and approval.
The plan shall address the following:
USR-1460 Western Equipment&Truck Inc. 6
1) 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.
2) Section 23-3-360.F of the Weld County Code addresses the issue of on-site
lighting, including security lighting if applicable. 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...."
3) Section 23-3-350.B of the Weld County Code addresses the issue of
screened off street parking. The applicant shall delineate an opaque visual
screen on all sides of the property to mitigate the potential negative impacts
and aesthetic concern on surrounding properties.
4) Section 23-3-350.A.5.B of the Weld County Code addresses that portion of
a lot which abuts a public or private street right-of-way shall be landscaping
for a distance of ten (10) feet, measured at a right angle from the lot line
towards the interior of the lot. The applicant shall delineate additional
landscaping along State Highway 34.
5) All outdoor storage shall be screened from surrounding properties and road
rights of way.
6) The applicants shall submit written evidence from the Division of Water
Resorces to the Department of Planning Services that they have a water
right to use the retention ponds as water source for the proposed and
existing plant material.
7) The applicant shall indicated the species and size of the proposed and
existing landscaping. (Department of Planning Services)
D. The applicant shall submit a master drainage plan to the Department of Public
Works for review and approval. Evidence of such shall be submitted to the
Department of Planning Services. (Department of Planning Services and Public
Works)
E. The applicant shall address the requirements (concerns) of the Department of
Public Works, as stated in the referral response dated 1/30/04. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services and the Department of Public Works)
F. The applicant submit to the Weld County Department of Planning Services. a list of
concerns/requirements from the La Salle Fire Protection District and how they are
addressing each one of their concerns/requirements. (La Salle Fire Protection
District)
G. The applicant shall attempt to address the requirements (concerns) of the City of
USR-1460 Western Equipment&Truck Inc. 7
Greeley, as stated in the referral response dated 2/5/04. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (City
of Greeley)
H. 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)
II. The applicant shall enter into an Improvements Agreement for Phase I 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. The improvements agreement will not be needed if the
necessary improvements are done to the satisfaction of the Department of Public
Works and the Department of Planning Services. (Department of Planning
Services)
J. The applicant shall submit notarized evidence indicating that Craig Sparrow,
President of Western Equipment & Truck Inc. has the authorization to sign the
application and plat. (Department of Planning Services)
K. All portions of this facility, shall adhere to the number of on-site parking spaces in
Appendix 23-B of the Weld County Code. The total number of on-site parking for
this facility (not accounting for employees) shall be six hundred ninety-two (692)
spaces, of which seven (7) shall be 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)
L. The applicant shall submit additional information to the Department of Planning
Services clarifying the number of employees for the site which will be included in the
number of parking spaces for the site. (Department of Planning Services)
M. 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 seven spaces 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. (Department of Planning Services)
N. The applicant shall submit evidence for the proposed paint booth of an Air Pollution
Emission Notice (A.P.E.N.)and Emissions Permit application from the Air Pollution
Control Division (APCD), Colorado Department of Health and Environment.
Alternately, the applicant can provide evidence from the APCD that they are not
USR-1460 Western Equipment&Truck Inc. 8
subject to these requirements. Evidence of Department of Public Health and
Environment approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
O. The applicant shall ensure that any vehicle washing area(s)shall capture all effluent
and prevent discharges from the washing of vehicles in accordance with the Rules
and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. Evidence of Department of Public Health and Environment
approval shall be submitted to the Department of Planning Services. (Department
of Public Health and Environment)
P. The applicant shall provide written documentation, and diagram(s) illustrating how
the wash bay recycler operates. The applicant shall provide information on the
eventual fate of the"recycled"water. Evidence of Department of Public Health and
Environment approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
Q. The Environmental Health Services Division was unable to locate a septic permit for
the septic system serving an existing residential structure and a Dairy Barn. It is our
understanding that these structures and associated unpermitted septic systems
either have been or will be removed. The applicant shall provide written
documentation or physical evidence of the removal or proper abandonment of these
septic systems. The documentation or evidence shall be submitted to the Weld
County Department of Public Health and Environment. (Department of Public
Health and Environment)
R. If the residential structure, dairy barn and associated septic systems remain, the
septic systems shall be reviewed by a Colorado Registered Professional Engineer.
The review shall consist of observation of each 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 systems are
found to be inadequately sized or constructed the systems shall be brought into
compliance with current Regulations. Evidence of such shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
S. In accordance with the Underground and Above Ground Storage Tank Regulations
(7 CCR 1101-14) a spillage retention berm shall be constructed around the oil or
fuel tanks. 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.
Alternately, the applicant can provide evidence from the Colorado Department of
Labor and Employment (CDL&E), Oil Inspection Section that they are not subject
to these requirements. Evidence of the Department of Public Health and
Environment approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
T. In the event that 1 or more acres are disturbed during the construction and
development of this site, the applicant shall obtain a stormwater discharge permit
USR-1460 Western Equipment&Truck Inc. 9
from the Water Quality Control Division of the Colorado Department of Public Health
and Environment. Evidence of Department of Public Health and Environment
approval shall be submitted to the Department of Planning Services. (Department
of Public Health and Environment)
U. 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 the Weld County Department of Public Health and
Environment approval shall be submitted to the 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). (Department of Public
Health and Environment)
V. The applicant shall submit written evidence to the Department of Planning Service
from the irrigation company(Lower Latham Ditch)stating that there is no issue with
the overland drainage entering the ditch from this property or the location of the
retention pond adjacent to their ditch. (Department of Planning Services)
W. 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. 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)
USR-1460 Western Equipment&Truck Inc. 10
6. Prior to the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and 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.
(Department of Public Health and Environment)
USR-1460 Western Equipment&Truck Inc. 11
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Western Equipment &Truck Inc.
USR-1460
1. A Site Specific Development Plan and Special Review Permit 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, (vehicle maintenance, repair, parts supply and sales, paint booth, retail,truck
stop facilities, and vehicle sales) in the A (Agricultural) Zone District. (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., 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)
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. The applicant shall operate in accordance with the approved "waste handling plan."
(Department of Public Health and Environment)
7. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulation (7 CCR-1101-14). (Department of Public Health and
Environment)
8. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency.
(Department of Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department
of Public Health and Environment)
10. 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)
USR-1460 Western Equipment&Truck Inc. 12
11. The facility shall utilize the existing public water supply (Central Weld County Water
District). (Department of Planning Services)
12. Adequate hand washing and toilet facilities shall be provided for all employees and patrons
of the facility. (Department of Public Health and Environment)
13. 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 and Environment)
14. 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 and Environment)
15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department
of Public Health and Environment)
16. A demolition permit shall be obtained prior to removing or demolishing any existing building.
(Department of Building Inspection)
17. A building permit shall be obtained prior to the construction of any building. 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)
18. A plan review is required for each building. Plans shall include a floor plan and a complete
description of the use for each portion of the building. An engineered foundation, based
on a site-specific geotechnical report or an open hole inspection performed by a Colorado
registered engineer, is required. Unless exempted by State Law, plans for the building shall
bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of
plans are required when applying for each permit. (Department of Building Inspection)
19. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 1997
Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing
Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. Weld
County will adopt the 2003 International Building, Residential, Mechanical, Plumbing and
Fuel Gas Codes on March 1, 2004. (Department of Building Inspection)
20. Building height shall be measured in accordance with the 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 23 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)
USR-1460 Western Equipment&Truck Inc. 13
21. Fire resistance of walls and openings, construction requirements, height and allowable
areas will be in accordance with the Building Code. Setback and offset distances shall be
determined by Chapter 23 of the Weld County Code. (Department of Building Inspection)
22. 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)
23. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
24. 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)
25. The landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
26. The hours of operation shall be conducted during the hours of daylight except in the case
of public or private emergency,or to make necessary repairs to equipment. This restriction
shall not apply to operation of administrative and executive offices or repair and
maintenance facilities located on the property. (Department of Planning Services)
27. In the event that areas 5 and 6 are used for other than a warehouse the applicants shall
amend their USR. (Department of Planning Services)
28. The application material does not proposed any portion of the site will be leased to another
party. In the event that a portion of the building is proposed to be leased to another party
in the future, the applicant shall submit a copy of the lease agreement and information
regarding the proposed use of the leased portion to the Weld County Attorney's office,
Weld County Building Inspection Department, Mountain View Fire Protection District and
the Department of Planning Services fro review. Based on the proposed use and/or
impacts of the leased portion,the Department of Planning Services may require a new Use
by Special Review application. (Department of Planning Services)
29. The property owner or operator shall comply with the Lighting Standard of Section 23-3-
250.6.6 of the Weld County Code. (Department of Planning Services)
30. The Use by Special Review(USR)application does not create separate lots. (Department
of Planning Services)
31. Prior to building permits for each phase an improvements agreement will be required if
deemed necessary by the Department of Planning Services and Public Works.
(Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
USR-1460 Western Equipment&Truck Inc. 14
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
34. 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.
35. 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.
36. 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.
USR-1460 Western Equipment&Truck Inc. 15
Att6
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
WilDe GREELEY, COLORADO 80631
COLORADO
January 20, 2004
Western Equipment & Truck Inc.
c/o Craig Sparrow
2035 First Avenue
Greeley, CO 80631
Subject: USR-1460- Request for a Site Specific Development Plan and Special Review Permit 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, (vehicle maintenance, repair, parts supply and sales, paint booth, retail, truck stop facilities and
vehicle sales) in the A (Agricultural)Zone District on a parcel of land described as Lot B of RE-3284; part
of the N2 NW4 of Section 24,T5N, R65W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for March 2,2004, at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicants responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103 (adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Greeley and Kersey Planning Commission for their review and
comments. Please call Greeley at(970)350-9780 and Kersey at(970)353-1681 for further details regarding the date,
time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley and
Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your
application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Resp atf ly,
Michelle Katyryniuk
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS February 20, 2004 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Michelle Katyryniuk, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR_USR-1460 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
Michelle Katyryniuk
Name of Person P sti ig _____7:„
Signature of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) 1
The foregoing instrument was subscribed and sworn to me this / Z day of -' t)/ , 200
WITNESS my hand and official seal.
il II Q, 0/7
Notar Public BILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
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FIELD CHECK
CASE NUMBER: USR-1460 DATE OF INSPECTION: OZ,I6Z/04
APPLICANT'S NAME: Western Equipment&Truck Inc
PLANNER: Michelle Katyryniuk
REQUEST: Site Specific Development Plan and Special Review Permit 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,
(vehicle maintenance, repair, parts supply and sales, paint booth, retail,truck stop facilities and
vehicle sales)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B of RE-3284;part of the N2 NW4 of Section 24,T5N, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to Hwy 34; east of and adjacent to CR 47.
LAND USE:
N AC Wilt t-1a(W4{( ttgT&Ala& itan cacM CiZOU1JD, t-oME4our2u1a.Dq+4s
E ' FARM oPatitnIo►.) turn.% t4Gim, t OUT5uti-tOwy5
S FJWM OPeKXtlov wits Bowe L. our suumI'45
w O?a 'F&&zwt ctadvi)
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:.
CURRE TY `f E t5 A {aotM.E Loc ergo co AVE Ow Ccersf2
e Fr Per-G- Mk►s`i -T' 5 4, Do skf -riz.0045 PAr b tg D bit IN-14
PROER-IY. `I1 is Ls MYt6D Sony Ge;tvit,y EQotplk&iir P 464)
D U 't1t1f Pr perm f w'Tt% M*U'[ Q titEs 6F D r CT Leonel)
' ou4 tt our -tVe . eMZKr.io IAcQ—t�A
�f P.C. Member fait
FIELD CHECK inspection date:2/13/04
CASE NUMBER: USR-1460
APPLICANT: Western Equipment & Truck Inc.
LEGAL: Lot B RE-3284; Pt. N2 NW4 Section 24, T5N, R65W of the 6th P.M., Weld
County, CO
LOCATION: South of and adjacent to Highway 34 and East of and adjacent to County
Road 47
Zoning Land Use
N A (Agricultural) N Residential
E A (Agricultural) E Residential
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
COMMENTS:
One home does not look like anyone currently lives in the home
Oil and gas on the property
Semi trucks and trailers are parked on the property
One access off of County Road 47 and one access off of State Highway 34
Ditch boarders the southern portion of the lot
,x/f(
Michelle Katyryniuk , Planner
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