HomeMy WebLinkAbout20031579.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, along with the deletion of Development Standard #20, amend 1 B 12, 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-1427
APPLICANT: Manuel & Anita Sanchez
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part N2 NE4 Section 32, T5N, R65W of the 6th P.M., Weld County,
Colorado.
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, 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 in the A (Agricultural)Zone District.
LOCATION: South of and adjacent to CR 52 and west of and adjacent to CR 41.
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 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 22-2-170.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 height, scale, density, traffic, dust and noise." This site was previously
permitted for a Liquid Fertilizer Storage and Sales establishment for Lloyd and Judy
Burbach, previous property owners. 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.B.9 allows for a Wholesale Trade
Establishments for the sale of merchandise or services at the wholesale level 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. The existing 1792 square foot
structure will provide the work area for the construction of the pallets. Conditions of fl
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 it
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of the surrounding area as permitted by the existing zoning and with the K
future development as projected by Chapter 22 of the Weld County Code and any other is �t
applicable code provisions or ordinances in effect, or the adopted Master Plans of
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2003-1579
Resolution USR-1427
Manuel Sanchez
Page 2
affected municipalities. This proposal does lie within the three mile referral area for the
City of Greeley, City of Evans and the Town of LaSalle. The City of Greeley requested
fifty (50)feet from the centerline of County Roads 52 and 41 for future right-of-way, as
appropriate. The City of Evans and the Town of LaSalle reviewed the request and found
no conflicts with their interests.
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.
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
is not considered prime agricultural land by the Important Farmlands of Weld County
Map, dated 1979. The applicant has proposed to utilize the existing business related
buildings and land uses within the 6 +/- acre parcel. 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 6 +/-
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 Department of Planning Services' staff 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-583. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) All plats shall be labeled USR-1427 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The USR boundaries shall delineate the 6 +/-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) Four (4) parking spaces, shall be delineated and 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)
Resolution USR-1427
Manuel Sanchez
Page 3
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 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) County Road 52 is designated on the Weld County Transportation Plan Map as
a local paved 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 County Road 52 shall be delineated right-of-way
on the plat. (Department of Public Works)
12) County Road 41 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 County Road 41 shall be delineated right-of-way
on the plat. (Department of Public Works)
13) The existing access to the property from County Road 52 shall be delineated on
the plat. (Department of Public Works)
C. Written documentation shall be provided to the Weld County Department of Planning
Services indicating the concerns of the LaSalle Fire Protection District, as received in a
referral dated May 23, 2003, have been addressed regarding internal access, internal
circulation, combustible material storage and operations associated with the existing
structure. (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
April 22, 2003, have attempted to be addressed regarding future road right-of-way.
(Department of Planning Services)
E. The applicant shall submit evidence that the structure associated with the construction
of the pallets is in compliance with Section 23-3-250.A.4.b, specific to offset.
(Department of Planning Services and Public Works)
F. Written evidence from the Department of Public Works indicating that all issues as
outlined in their referral dated May 9, 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)
G. 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. (Department
of Public Health and Environment)
H. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment, for approval prior to operation. Written
evidence from the Department of Public Health and Environment shall be submitted to
the Department of Planning Services. (Department of Public Health and Environment)
Resolution USR-1427
Manuel Sanchez
Page 4
I. The existing septic system serving the home shall require an Individual Septic Disposal
System (I.S.D.S.)evaluation. In the event the system is found to be inadequate, the
system must be brought into compliance with current Weld County I.S.D.S. regulations.
Written evidence from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
J. The applicant shall submit evidence to the Department of Planning Services,from the
Colorado Division of Water Resources, demonstrating that the well is appropriately
permitted for the use. (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. 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)
L. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for parking and
landscaping 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)
M. 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 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 x 76 foot 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 for all structures:
A. A building permit shall be obtained prior to any construction. (Department of Building
Inspection)
B. A plan review is required for each building for which a building permit is required. 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)
Resolution USR-1427
Manuel Sanchez
Page 5
'••—% E. 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)
F. A complete set of building plans shall be submitted to the LaSalle Fire Protection
District. (LaSalle Fire Protection District)
3. 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)
4. 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@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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MANUEL &ANITA SANCHEZ
USR-1427
1. The 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
(wood pallet business), 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. The employees/family members utilizing this facility shall be limited to the four members of the
principle residence. Should the property be sold or transferred to a second party, USR-14275ha11
be null and void. (Department of Planning Services)
4. Hours of operation shall be 7:00 A.M.to 5:00 P.M. six days a week, Monday through Saturday as
stated in the application materials. (Department of Planning Services)
5. The landscape,fencing and screening on site shall be maintained in accordance with the approved
Landscape Plan. (Department of Planning Services)
6. 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)
7. 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)
8. 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)
9. There shall be no open burning conducted on the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality Control
Commission Regulations. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved dust abatement plan at all times. (Department of
Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
12. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
13. Adequate toilet and handwashing facilities shall be provided for employees/family members. The
employees/family members shall be allowed to use the handwashing and toilet facilities located at
the applicants' residence. (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
Environment)
Resolution USR-1427
Manuel Sanchez
Page 2
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
16. If applicable, the applicant shall comply with the requirements of the Air Pollution Control Division,
of the Colorado Department of Public Health and Environment. (Department of Public Health and
Environment)
17. All access roads shall have an unobstructed width of not less than twenty(20)feet. (LaSalle Fire
Protection District)
18. The area around the lot shall be kept in an order that allows the turning radius of fire department
apparatus. Minimum radius fifty(50)feet. (LaSalle Fire Protection District)
19. Outside storage of combustible materials shall not be located within ten (10)feet of any property
line. (LaSalle Fire Protection District)
20. If the amount of stored combustibles or business is increased in size further requirements will be
enforced. This business will be inspected annually. (LaSalle Fire Protection District)
21. If any of the operations are moved indoors the owner will have to comply with Article 30 of the
Uniform Fire Code (3004.2 Dust Control). (LaSalle Fire Protection District)
22. All raw materials, including finished pallets shall not be stacked higher than the on-site screening.
(Department of Planning Services)
23. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
r•—• structure of the Weld County Road Impact Program. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
26. 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.
27. 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.
28. 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.
Resolution USR-1427
Manuel Sanchez
Page 3
Motion seconded by Bryant Gimlin
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 June 3, 2003.
Dated the 3rd of June, 200
Voneen Macklin
Secretary
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