HomeMy WebLinkAbout20040805.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 passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1459
APPLICANT: Mike Whistance&Tony Dowdy
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 1 of RE-1039; NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right in the Commercial Zone District(vehicle sales and
detailing establishment) in the A (Agricultural)Zone District.
LOCATION: South of and adjacent to CR 20; east of and adjacent to Hwy 85.
be recommended favorably to the Board of County Commissioners for the following reasons:
Planning Commission recommends the following be attached as Conditions of Approval and Development
Standards:
1. Prior to recording the plat:
A. The applicant shall submit a revised Landscape/Screening Plan for review and approval to
the Department of Planning Services addressing the concerns in the referral received
January 19, 2004 from Kim Ogle, Planning Manager. (Department of Planning Services)
B. The applicant shall provide the Department of Planning Services with documentation as to
how the outside storage will be screened per Section 23-3-250.A.9 of the Weld County Code.
(Department of Planning Services)
C. The applicant shall obtain written approval from the Fort Lupton Fire Protection District stating
that the facility is in compliance with the Fire Code. (Department of Planning Services)
D. The applicant shall attempt to address the requirements(concerns)of the City of Fort Lupton,
as stated in the referral response dated January 14, 2004. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
E. The Platte Valley 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. (Department of Planning Services)
F. The applicant shall provide evidence to the Department of Public Health and Environment
that any vehicle washing area will be designed and constructed to capture all effluent and
prevent any 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 approval shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
G. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle
maintenance facility located on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (New EPA rule effective 4/5/2000). Evidence of approval shall be provided to
the Department of Planning Services. (Department of Public Health and 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. Evidence
of approval shall be provided to the Department of Planning Services. The plan shall include
at a minimum, the following:
EXHIBIT
2004-0805 1 rCJ
Resolution USR-1459
Mike Whistance
Page 2
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)
Section 23-3-250.A.1 of the Weld County Code states that users of land shall provide and
maintain stormwater retention facilities designed to retain the stormwater runoff in excess of
historic flow from the undeveloped site. The stormwater retention facility on a developed site
shall be designed for a one-hundred-year storm. The stormwater retention facility shall be
designed and operated to release the retained water at a quantity and rate not to exceed the
quantity and rate of a five-year storm falling on the undeveloped site. The application
materials state that the storm water will run into adjacent ditches. There was no supporting
documentation stating how this is accomplished. The applicant shall contact the Weld
County Department of Public Works to further discuss this issue. The applicant shall provide
the Department of Planning Services with evidence that a solution has been reached to the
satisfaction of the Department of Public Works. (Department of Planning Services)
J. The applicant shall provide the Department of Planning Services with a property maintenance
plan for review and approval. (Department of Planning Services)
K. The applicant shall provide written evidence that all proposed signs are in compliance with
Section 23-4-90 of the Weld County Code. (Department of Planning Services)
L. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all landscaping,
transportation(access drive,parking areas,etcetera)and non-transportation(plant materials,
fencing, screening,water, signage etcetera). 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. Or the applicant may submit evidence that all the work has been
completed and reviewed by the Department of Planning Services and the Department of
Public Work. (Department of Planning Services)
M. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. All plats shall be labeled USR-1459 (Department of Planning Services)
3. The approved Landscape/Screening Plan. (Department of Planning Services)
4. The approved Signage Plan. (Department of Planning Services)
5. The plat shall be in compliance with Section 23-3-250 A. and B. of the Weld County
Code. (Department of Planning Services)
6. All traffic for USR-1459 shall utilize the existing thirty(30)foot access road parallel to
the east side of the property. No access shall be provided from the frontage road or
directly off of County Road 20 for this Use by Special Review. (Colorado
Department of Transportation & Department of Planning Services)
Resolution USR-1459
Mike Whistance
Page 3
7. County Road 20 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 20 shall be delineated
right-of-way on the plat. This road is maintained by Weld County. (Department of
Public Works)
8. US Highway 85 Access Corridor Plan identifies the intersection of US Highway 85
and County Road 20 (MP 245.19)as a public road, unsignalized intersection. The
intersection is a highway access with full movement, at grade, stop condition
intersection. All acceleration/deceleration lanes, with exception of left turn
acceleration lanes will be improved to meet design requirements and standards. US
Highway 8 5 Access C orridor P Ian identifies this intersection as a left and right
movement. (Department of Public Works)
9. Section 23-3-250.A.2 of the Weld County Code addresses parking. Sufficient
screened,off-street,paved parking areas shall be provided to meet the requirements
of employees, company vehicles, visitors and customers of the Uses Allowed by
Right and Accessory Uses. Appendix 23-A describes the design requirements for
parking spaces and Appendix 23-B delineates the number of parking spaces
required by use for this property.
The proposed facility has office, retail and sales and warehouse uses. The parking
requirement for office uses are one space for every two employees plus one space
per 500 SF. The area delineated on the drawings submitted is 570 SF,with written
documentation stating there are four employees on premises, therefore three (3)
parking spaces are required for the office area. The Retail sales and service area
requires one parking space per each 200 SF of area. The area delineated on the
drawings submitted is 372 SF therefore two (2) spaces are required. The
warehouse area requires one space for every 1000 SF of area. The area delineated
on the drawings submitted is 2088 SF therefore two (2) spaces are required, plus
one for every three employees. The application materials states there will be nine
individuals utilizing the site daily, therefore, three (3) additional parking spaces are
required. Total parking required for this facility is 10 parking spaces of which one
must meet the requirements of the Americans with Disabilities Act. (Department of
Planning Services)
10. Each parking space shall be equipped with a wheel guard or a curb stop where
needed to prevent vehicles from extending beyond the boundaries of the spaces
and from coming into contact with other vehicles, walls, fences or plantings.
(Department of Public Works)
11. The location of the loading zone that is in compliance with Section 23-4-50 of the
Weld County Code. There shall not be parking or staging of trucks within the public
right-of-way. (Department of Planning Services)
12. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. A reas used for storage o r t rash collection s hall b e screened
from adjacent public rights-of-way and all adjacent properties. These areas shall b
designed and used in a manner that will prevent wind or animal scattered trash.
(Department of Planning Services)
13. Section 2 3-3-250.6 a ddresses operation standards for C ommercial uses. T he
applicant shall address the issue of on-site lighting, including security lighting if
applicable. Subsection F. states "any lighting ... shall be designed, located and
operated in such a manner as to meet the following standards:sources of light shall
be shielded sot hat beams o r rays o f I ight will not shine directly onto adjacent
properties...." (Department of Planning Services)
Resolution USR-1459
Mike Whistance
Page 4
N. 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)
2. Upon completion of 1.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 b y Department o f 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)
3. 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(@co.weld.co.us. (Department of Planning Services)
4. Prior to the release of building permits:
A. No use or accessory use may be located closer than twenty-five (25)feet to the existing or
proposed (whichever represents the greater right-of-way width) highway or street right-of-
way. Off-street parking areas may be permitted in the required setback area when the area
is screened from direct view of persons on the public rights-of-way. Fences over six(6)feet
in height are not required to comply with the minimum setback and may be located on the
property line. Fences located on corner lots abutting public right-of-way shall not obstruct the
view of vehicular traffic at an intersection. There was not a scaled elevational drawing of the
elevated display structure included in the application materials,therefore,prior to the release
of building permits,the set back shall be verified given the existing proposed site conditions,
specifically addressing the elevated display areas. Written evidence of compliance shall be
submitted to the Department of Planning Services. (Department of Planning Services)
B. No use or accessory use may be located closer than ten (10)feet to its lot line. Off-street
parking areas may be permitted in the required offset area when the area is screened from
adjacent lots zoned R-1, R-2, R-3, R-4 or R-5. Fences over six (6) feet in height are not
required to comply with the minimum OFFSET and may be located on the property line. The
plans submitted with the application materials have not delineated the offset. There was not
an elevational drawing of the structure included in the application materials,therefore,prior to
the release of building permits, the offset shall be verified. (Department of Planning
Services)
5. Prior to Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed steel building 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)
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
Mike Whistance&Tony Dowdy
T&M Truck&Auto
USR-1459
1. A Site Specific Development Plan and a Special Review Permit for a business permitted as a Use by
Right in the Commercial Zone District (vehicle sales and detailing establishment) 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 traffic for USR-1459 shall utilize the existing thirty(30)foot access road parallel to the east side of
the property. No access shall be provided from the frontage road or directly off of County Road 20 for
this Use by Special Review. (Colorado Department of Transportation & Department of Planning
Services)
4. Hours of operation shall be from 8:00am to 6:00pm Monday through Saturday, closed on Sunday as
requested in the application material. (Department of Planning Services)
5. 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)
6. 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)
7. 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 and Environment)
8. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
9. 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. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
12. Adequate handwashing and toilet facilities shall be provided for 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Commercial Well) (Department of Public Health and Environment)
Resolution USR-1459
Mike Whistance
Page 2
15. 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)
16. Off street parking,display parking,vehicle overflow area,and the access drive shall be surfaced with
recycled asphalt, gravel,or the equivalent and shall be graded to prevent drainage problems and dust
control. (Department of Public Works)
17. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
18. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
19. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow
taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious
weeds. (Department of Planning Services)
20. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Platte Valley Soil Conservation District)
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (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. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
25. Personnel from 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.
26. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all a pplicable Weld C ounty regulations. S ubstantial changes from the plans o r
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.
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-1459
Mike Whistance
Page 3
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
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 February 17, 2003.
Dated the 17th of February, 2003.
Voneen Macklin
Secretary
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