HomeMy WebLinkAbout20031083.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, 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-1417
APPLICANT: Peter Jackson
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of Corrected RE-3245; being part SW4 Section 16, T6N, R66W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development P Ian and Special Review Permit for a use
allowed by right in the C-3, Business Commercial Zone District,
(Excavation Equipment Repair Shop and Contractor's Shop) in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to WCR 29; North of and adjacent to State Hwy 392.
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 I and use in terms of general use,
building height, scale, density, traffic, dust and noise." This site was previously permitted
for an equipment sales and service establishment. The 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 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 part of a map or plan filed prior to adoption of any regulations
controlling subdivisions, as a Use by Special Review in the A(Agricultural)Zone District.
Section 23-3-230.6.4 allows for a vehicle service and repair establishment and Section 23-
3-230.B.11 allows for a contractor's shop as a use allowed by right in the C-3(Commercial)
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 area is primarily agricultural with a few residences
associated with the agricultural activities. State Highway 392 is located in close proximity
to the southern boundary of the parcel. The existing thirty-eight hundred(3800)square foot
service and repair facility and a proposed 8640 square foot storage structure with an office
will comprise approximately 3.263 acres. Conditions of Approval and Development
Standards ensure that the proposal is consistent with 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 the future
development as projected by Chapter 22 of the Weld County Code and any other applicable F,
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This proposal does lie within the three mile referral area for the City of r #
Greeley and the Town of Eaton. The City of Greeley requested the use be fully screened, Z
The Town of Eaton reviewed the request and found no conflicts with their interests.
W
2003-1083 rinasossad
Resolution USR-1417
Peter Jackson
Page 2
E. Section 23-2-220.A.5 -- The application complies with Section 23-5, Article V 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 area 1.
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 property is Lot A of
Corrected Recorded Exemption 3245 and is considered prime agricultural land by the
Important Farmlands of Weld County Map, dated 1979. The applicant has proposed to
place business related buildings and land uses within a 3.2 acre building site. Further,
Section 22-2-60.1.1 of the Weld County Comprehensive Plan indicates that eighty(80)acres
is considered the minimum lot size needed for a viable farming operation and the subject
property is 3.23 acres in size.
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 applicant shall submit a letter to the Department of Planning Services requesting the
vacation of USR-853.
B. 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-1417 (Department of Planning Services)
3) The USR boundaries shall delineate the 3.23 acres as indicated in the application
materials. (Department of Planning Services)
4) All signage shall be indicated by location and size and shall adhere to Section 23-4-
100.C of the Weld County Code. (Department of Planning Services)
5) Lighting shall be indicated in accordance with Section 23-3-360.F of the Weld
County Code. (Department of Planning Services)
6) Fifteen (15) parking spaces, including spaces which adhere 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.B of the Weld County Code.
(Department of Planning Services)
7) The internal circulation shall be clearly indicated on the plat for truck traffic
accessing the site. (Department of Planning Services)
8) A trash collection area in accordance with Section 23-3-350.H of the Weld County
Code. Additional landscaping shall be indicated near the trash enclosure area.
(Department of Planning Services)
9) The outside storage area shall be clearly indicated and shall be screened to meet
the requirements of Section 23-3-250.A.9 of the Weld County Code. Adequate
screening of outside storage shall be provided with solid board fencing spaced 1/4
Resolution USR-1417
Peter Jackson
Page 3
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)
10) The Landscape, Fencing and Screening Plan shall meet the requirements of
Section 23-3-250.A.5 of the Weld County Code. (Department of Planning Services)
11) Weld County Road 29 is designated on the Weld County Transportation Plan Map
as a local gravel road which requires,which requires sixty(60)feet of right-of-way
at full build out.There is presently sixty(60)feet of right-of-way.A total of thirty(30)
feet from the centerline of Weld County Road 29 shall be delineated right-of-way
on the plat. (Department of Public Works)
12) The existing access to the property shall be delineated on the plat as approved
through Recorded Exemption 3245. It is a pproximately 400 feet north of the
intersection of WCR 29 and SH 392. (Department of Public Works)
13) The applicant shall delineate the off-street employee and equipment parking areas
adjacent to the existing and proposed buildings. (Department of Public Works)
C. 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)
D. Written documentation shall be provided to the Weld County Department of Planning
Services indicating the concerns of the City of Greeley, as received in a referral dated
January 21, 2003, have attempted to be addressed regarding landscaping, screening and
on-site circulation. (Department of Planning Services)
E. The applicant shall contact the Colorado Department of Transportation(CDOT)to determine
the appropriate right-of-way at the south property line. This right-of-way distance shall be
delineated on the plat. Written documentation shall be provided to the Weld County
Department of Planning Services indicating compliance with CDOTs requirements.
(Department of Planning Services)
F. An approved access permit from CDOT shall be submitted to Weld County Departments
of Planning Services and Public Works. (Department of Planning Services and Public
Works)
G. Written evidence shall be submitted to Weld County Departments of Planning Services and
Public Works indicating CDOT has approved the adequacy of the intersection to
accommodate turning movements of large construction trucks. (Department of Planning
Services and Public Works)
H. Written evidence from the Department of Public Works indicating that all issues as outlined
in their referral dated January 27, 2003 have been addressed and resolved to the
satisfaction of the Department of Public Works shall be submitted to the Department of
Planning Services. (Department of Planning Services and Public Works)
If applicable, the applicant shall apply for an Underground Injection Control (UIC) Class V
Injection Well permit through the Environmental Protection Agency (EPA) or provide
evidence that the applicant is not subject to the EPA Class V requirements. Written
documentation shall be provided to the Weld County Department of Planning Services
indicating compliance with their requirements. (Department of Public Health and
Environment)
J. An individual sewage disposal system is required for the proposed office/shop and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. Written
documentation shall be provided to the Weld County Department of Planning Services
Resolution USR-1417
Peter Jackson
Page 4
indicating compliance with the Department of Public Health and Environment requirements.
(Department of Public Health and Environment)
K. 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 submitted to the Department of Planning Services indicating the
plan has been approved by the Environmental Health Services Division of the Weld County
Department of Public Health & Environment. The plan shall include at a minimum, the
following: (Department of Public Health and Environment)
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)
L. The septic system serving the home/office 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 the Department of Public Health and
Environment requirements. (Department of Public Health and Environment)
r
M. In the event washing of vehicle will occur on site 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 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 Department of Planning Services
indicating compliance with the Department of Public Health and Environment and the
Environmental Protection Agency requirements. (Department of Public Health and
Environment)
N. The applicant shall submit evidence to the Environmental Health Services Division of the
Weld County Department of Public Health & Environment that the above ground tanks are
in compliance 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.
O. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post a dequate collateral for parking and I andscaping
requirements. The agreement and form of collateral shall be reviewed by County Staff and
accepted by the Board of County Commissioners prior to recording the plat. (Department
of Planning Services)
2. Prior to Release of Building Permits:
The Department of Building inspections states,"there are six inactive or historical permits on record
for this address. Four of the historical pertain to a 15 x 70 mobile home and two historical permits
pertain to a 50-76 post and frame agricultural building with electrical wiring installed and storage
building." The following shall be submitted to the Department of Building Inspection for their review
and approval:
Resolution USR-1417
Peter Jackson
Page 5
A. A building permit shall be obtained prior to construction of the proposed storage building and
office with restroom. A building permit shall be obtained for the change of use of the
agricultural building to a repair shop and storage building. (Department of Building
Inspection)
B. 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 and/or equipment. Unless exempted from
the provisions of the State Architect Practice Act, of the State Engineering Practice Act,
plans shall bear the wet stamp of a Colorado registered architect or engineer. Two
complete sets of plans are required when applying for the permit. (Department of Building
Inspection)
C. 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)
D. Each building will require an engineered foundation based on a site-specific geo-technical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
E. The maintenance shop building will probably be classified as a type S-3 repair garage. That
portion of the building used as an office will be classified as a type B occupancy. Fire
resistance of walls and openings, construction requirements,height and allowable areas will
be reviewed at the plan review. Set back and offset distances shall be determined by
Chapter 23 of 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 23 of the Weld County Code 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)
G. A complete set of building plans shall be submitted to the Eaton Fire Protection District prior
to building construction. (Eaton Fire Protection District, Department of Planning Services)
H. The applicant shall submit the required building permits for the container structures located
on site. At a minimum,these structures shall be on a permanent foundation per the Weld
County Code, Chapters 29 and 23. (Department of Planning Services)
3. 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)
4. Prior to the issuance of 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, Planning Services)
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, Planning Services)
5. Prior to operation:
Resolution USR-1417
Peter Jackson
Page 6
A. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment, for approval. Evidence of approval shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment, Planning Services)
6. Upon completion of item 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)
7. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review plat. 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(aco.weld.co.us. (Department of Planning Services)
8. 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)
Motion seconded by Bernie Ruesgen
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VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
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 1, 2003.
Dated the 1"of April, 2003. )
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Voneen Macklin
Secretary
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