HomeMy WebLinkAbout20031259.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-1419
APPLICANT: Melvin and Jacklyn Shubert
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A and Lot B of RE-3461, being part of the NE4 of Section 17, T3N,
R68W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for any use
permitted as a use by right, an accessory use,or a Use by Special Review in the
commercial or industrial zone districts, provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions (Parking and Maintenance of
Carnival Equipment) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to WCR 5; 500 feet south of WCR 34.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of 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 ordinance in effect. Section 22-2-170.B, C.Goal 2. states
"Encourage the expansion and diversification of the commercial economic base." Further,
Section 22-2-170.C, 2. C.Policy 3.2. states "New commercial development should
demonstrate compatibility with existing surrounding land use in terms of general use,
building h eight, scale, density, traffic, dust and noise." T he Development Standards,
Conditions of Approval, and Operations Standards will effectively mitigate any adverse
impacts to surrounding areas."
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A(Agricultural)
Zone District.Section 23-3-40.R of the Weld County Code provides for a business permitted
as a use by right or an accessory use in the Commercial Zone District as a Use by Special
Review 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. Surrounding properties are small residential acreages, many with
vehicles associated with employment by the property owners. Staff has included a
Screening Plan as a condition of approval. One surrounding property owner has notified this
office concerning the Carnival Equipment maintenance yard operating from the site. The
Plan along with the remaining Conditions of Approval and Development Standards should
ensure the impact to surrounding properties is minimal.
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 Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.The site lies within the three mile referral boundary of the Town of Mead. In
a referral response dated January 31,2003,the Town Board does not object to this use,but
/'•-• would like to see that landscaping to screen and buffer the facility be required. Although the
property is immediately west of the IGA boundary between the County and the Town, the
Town requests that this property be annexed.
4. EXHIBIT
„ ao3- 1Q59 t XIfeFy`1 ,.,
Resolution USR-1419
Melvin Shubert
Page 2
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code.
Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to
the fee structure of the Weld County Road Impact Program.
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. The site is designated
"Prime" by the U SDA Soil Conservation Services. The small size of the site limits its
productive 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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be labeled USR-1419. (Department of Planning Services)
B. The plat shall be amended to include all requirements as listed in Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
C. If applicable, submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
application to the Air Pollution Control Division, Colorado Department of Health and
Environment for emissions of criteria, hazardous or odorous air pollutants. Written
documentation shall be provided to the Weld County Department of Planning Services
indicating compliance with their requirements. (Department of Public Health and
Environment)
D. The septic system serving the home shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a
technical review describing the systems ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is found to be
inadequately sized or constructed the system shall be brought into compliance with current
Regulations. Written documentation shall be provided to the Weld County Department of
Planning Services indicating compliance with their requirements. (Department of Public
Health and Environment)
E. 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. Written documentation shall be provided to
the Weld County Department of Planning Services indicating compliance with their
requirements. (Department of Public Health and Environment)
F. In the event washing of vehicle(s)or carnival equipment will occur on site the applicant shall
ensure that any washing area(s)shall capture all effluent and prevent discharges from the
washing of vehicles and carnival equipment in accordance with the Weld County Code, the
Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. Written documentation shall be provided to the Weld County
Resolution USR-1419
Melvin Shubert
Page 3
Department of Planning Services indicating compliance with their requirements.
(Department of Public Health and Environment)
G. 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.Written
documentation shall be provided to the Weld County Department of Planning Services
indicating compliance with their requirements.(Department of Public Health and
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).
H. The applicant shall submit a Screening Plan to the Weld County Department of Planning
Services for review and approval. The plan shall address the screening of the area
proposed to store equipment from surrounding properties and road rights-of-way.
(Department of Planning Services)
The applicant shall address the conditions and requirements of the Mountain View Fire
Protection District referral dated January 28, 2003, including a graphic Final Site and
Storage Plan, drawn to a scale of one inch equals 50 feet(1"=50'). Evidence of review
and approval by the Mountain View Fire Protection District shall be submitted to the
Department of Planning Services. (Mountain View Fire Protection District, Department
of Planning Services)
J. The applicant shall address the conditions and requirements of the Weld County Sheriffs
Office referral dated February 24,2003. Evidence of approval by the Weld County Sheriff's
Office shall be submitted to the Department of Planning Services. (Department of Planning
Services)
K. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Screening Plan. (Department of Planning Services)
3) All signs shall be indicated by location and size and shall adhere to Section 23-4-
90.A and B of the Weld County Code. (Department of Planning Services)
4) Lighting shall be indicated in accordance with Section 23-3-360.F of the Weld
County Code. (Department of Planning Services)
5) Six(6)parking spaces,including a space which adheres to ADA standards. Parking
shall be screened from public rights-of-way and adjacent properties and shall meet
the requirements of Section 23-3-350.6 of the Weld County Code. (Department of
Planning Services)
6) The internal circulation shall be clearly indicated. The applicant needs to identify
on the plat the employee and equipment parking with an adequate circulation to
access equipment throughout the site. (Departments of Planning Services, Public
Works)
7) A trash collection area in accordance with Section 23-3-350.H of the Weld County
Code. (Department of Planning Services)
Resolution USR-1419
Melvin Shubert
Page 4
8) Adequate screening for parking and loading areas shall be clearly indicated and
shall meet the requirements of Section 23-3-320 of the Weld County Code.
Adequate screening of outside storage shall be provided with solid board fencing
spaced 1/4 inch and a minimum of six(6)feet in height or an equivalent screening
provided that it is approved by the Planning Department. (Department of Planning
Services)
9) A total of 40 feet from the centerline of Weld County Road 5 shall be delineated
right-of-way on the plat. WCR 5 is designated on the Transportation Plan Map as
a collector status road, which requires an 80-foot right-of-way at full build out.
There is presently a 60-foot right-of-way. (Departments of Planning Services,
Public Works)
G. 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. Prior to Release of Building Permits:
The Department of Building inspections states,"there are four permits on record for this parcel. Two
electrical permits, one for an upgrade of the electrical service to 200 Amps and the installation of
a sub panel in a shop, and an upgrade to a 200 Amp service in an existing metal building were
permitted, inspected and received final approvals. One building permit to replace the existing heat
system was permitted, inspected and received final approval. The last permit, BC-9700827, was
issued for the purpose of adding an 8 foot by 8 foot bathroom and an outside hydrant, however no
inspections were called for or conducted so this permit was expired." The following shall be
submitted to the Department of Building Inspection for their review and approval:
A. A new building permit shall be obtained to inspect the work for which BC-9700827 was
issued. (Department of Building Inspection)
B. In order to insure compliance with applicable codes, a building permit shall be obtained for
all existing structures unless evidence can be submitted that a permit and all required
inspections were performed. Permit applications for existing structures 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)
C. A plan review is required for each building for which a building permit is required. Plans for
the maintenance shop shall include a floor plan and a complete description of the extent of
the work that will be done to maintain vehicles. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
D. 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. (Department of
Building Inspection)
E. Fire resistance of walls and openings,construction requirements,height and allowable areas
will be reviewed at the plan review. Setback and offset distances shall be determined by
the Weld County Code. (Department of Building Inspection)
F. 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)
Resolution USR-1419
Melvin Shubert
Page 5
3. 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 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 mapsaco.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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Melvin and Jacklyn Shubert
USR-1419
1. A Site Specific Development Plan and a 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,
provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of
a map or plan filed prior to adoption of any regulations controlling subdivisions (Parking and
Maintenance of Carnival Equipment) 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 I iquid and solid wastes (as defined i n 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)
r
6. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
7. Any vehicle or carnival equipment washing area(s)shall capture all effluent and prevent discharges
from washing of vehicles and carnival equipment in accordance with the Weld County Code, the
Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. (Department of Public Health and Environment)
8. 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)
9. The facility shall utilize the existing public water supply. (Department of Public Health and
Environment)
10. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling. (Department of Public Health and Environment)
11. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
12. The applicant shall operate in accordance with the approved"waste handling plan". (Department
of Public Health and Environment)
13. Adequate toilet facilities shall be provided for employees and visitors of the facility. (Department
of Public Health and Environment)
14. 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
n
Environment)
15. If applicable, the applicant shall obtain a stormwaterdischarge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public
Health and Environment)
Resolution USR-1419
Melvin Shubert
Page 2
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. There is an existing access from WCR 5 with an adequate turning radius and sight distance. Utilize
this access, as no additional access will be granted. (Department of Public Works)
18. Off-street parking spaces including the access drive shall be surfaced with gravel,asphalt,concrete,
or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
19. Storm Water Drainage: 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)
20. Posted Bridge: Immediately south of the proposed USR on WCR 5,Bridge 5/32A over the Highland
Ditch is posted 19-30-30. In the questionnaire, you indicated that your equipment will be about
30,000 GVW. Utilize a different haul routes for heavy equipment to the site. Do not abuse the
restricted bridge posting. (Department of Public Works)
21. The landscaping and screening on site shall be maintained in accordance with the approved Plan.
(Department of Planning Services)
22. All signage on site must maintain compliance with Section 13-4-90 of the Weld County Code.
(Department of Planning Services)
23. Business related storage shall be limited to the equipment I isted in the application materials.
(Department of Planning Services)
24. All work on equipment beyond minor repairs and upkeep shall be performed off-site. (Department
of Planning Services)
25. When on-site, business equipment shall be parked in the approved storage area. (Department of
Planning Services)
26. 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)
27. Fire apparatus access must be provided so that fire apparatus may reach within one hundred fifty
(150) feet of all portions of the storage. Access roads must be provided with provisions for the
turning around of fire apparatus if any road is in excess of one hundred fifty (150) feet in length.
(Mountain View Fire Protection District)
28. Protection from fire migration from exposure to exposure must be considered in this type of
situation. For this reason, adequate measures must be taken to properly separate storage and
reduce an exposure problem. A minimum separation of five feet will need to be provided between
each of the pieces of equipment. (Mountain View Fire Protection District)
29. Control of potential ignition sources must be considered. The entire storage site must be kept free
from accumulation of unnecessary weeds,and brush is important. Vegetation must be kept cut low.
Procedures must be provided for weed control and periodic cleanup of the storage area. (Mountain
View Fire Protection District)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
Resolution USR-1419
Melvin Shubert
Page 3
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
32. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time i n order toe nsure the a ctivities carried out o n the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
33. 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.
34. 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.
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
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 April 15, 2003.
Dated the 15th of April, 2003.
Voneen Macklin
Secretary
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