HomeMy WebLinkAbout20033297 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, along with the addition of Development Standards#11-20, amend Development
Standard#3,deletion of H and delete first sentence of 1 B,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-1432
APPLICANT: Mark & Kristi Weimer
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A; part SE4 Section 22, T6N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and A Special Review Permit for a business
permitted as a Use by Right or Accessory Use in the Industrial Zone District,
(Parking of company vehicles and equipment) in the A (Agricultural Zone
District.
LOCATION: North of and adjacent to Carlton Road/CR 66 and approximately 1/4 mile
west of CR 57.
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.
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 accessory use in the Industrial Zone
District (Parking of company vehicles and equipment) 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 properties are primarily residential.
There are two dairy farms located within a one mile of the site, USR-1340 and USR-
820. Proposed landscaping shall mitigate the impact to the neighboring properties.
With three company trucks and eight company trailers utilizing County Road 66 from
this location, the applicant has indicated the intent on mitigating any potential
impacts on the community as a result of the proposed use by spraying magnesium
chloride (dust guard) annually on approximately 500-600 feet of that portion of
County Road 66 west of the applicant's entry to their property and on site.
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 does not lie within a
three-mile referral area for any municipality, therefore it is not impacted by any
adopted Master Plans of affected municipalities.
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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)
taper-3 X 5'7
Resolution USR-1432
Mark Weimer
Page 2
^ 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 U.S.D.A.
Soils Maps indicate that the soils on this property are designated as Irrigated Land
(not prime).
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 recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be labeled USR-1432 (Department of Planning Services)
B. The septic system serving the house 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. Evidence of the Department of Public
Health approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
C. The applicant shall submit evidence to the Department of Planning Services,for the
Colorado Division of Water Resources,demonstrating that the well is appropriately
permitted for the use. (Department of Planning Services)
D. 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)
E. The applicant shall submit a Landscape/Screening Plan that addresses the concerns
listed in the referral received from the Department of Planning Services dated July
11, 2003. (Department of Planning Services)
G. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all
transportation (access drive, parking areas, etcetera)and non-transportation (plant
materials,fencing,screening,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. (Department of Planning Services)
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. (Department of Planning Services)
^ I. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
Resolution USR-1432
Mark Weimer
Page 3
2. 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)
3. County Road 66 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 a 60-foot right-of-way at full build out. There is presently
a 60-foot right-of-way. This road is maintained by Weld County. A total of 30
feet from the centerline of County Road 66 shall be delineated right-of-way on
the plat. In 1997 the Average Daily Trips for this location was 106 vehicles.
(Department of Public Works)
4. Approved Landscape/Screening Plan. (Department of Planning Services)
2. 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 mapsco.weld.co.us. (Department of Planning Services)
5. Prior to the release of any building permits:
A. A building permit shall be obtained prior to the construction of the storage/shop
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)
B. A plan review is required for the storage/shop building. Plans for the shop shall
include a floor plan and a complete description of the extent of the work that will be
done to service or repair vehicles. 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)
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. The shop building will probably be classified as type S-3 repair garage. 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 Chapter 23 of the Weld County Code. (Department of Building
Inspection)
Resolution USR-1432
Mark Weimer
Page 4
E. 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 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)
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
Mark& Kristi Weimer
USR-1432
1. Site Specific Development Plan and a Special Review Permit for a business permitted as a use by
right or accessory use in the Industrial Zone District (Parking of company vehicles and 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. Hours of operation shall be from 6:00 a.m. to 6:00 p.m. Monday through Friday as indicated in the
application materials.No operations shall take place on holidays. (Department of Planning Services)
4. There shall be no more than one(1)company trucks and/or five (5)company owned trailers parked
on the property at any given time. (Department of Planning Services)
5. No outside employees are permitted. (Department of Planning Services)
6. The applicant has indicated the intent on mitigating any potential impacts on the community as a
result of the proposed use by spraying magnesium chloride(dust guard)annually on approximately
500-600 feet of that portion of County Road 66 west of the applicant's entry to their property and on
site. (Department of Public Works)
7. Landscaping materials as indicated in the approved Landscape Plan shall be maintained at all times.
Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the
earliest possible time. (Department of Planning Services)
8. 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)
9. 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)
10. No storage or warehousing of products or freight shall be permitted on the property. (Department of
Planning Services)
11. 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)
12. No permanent disposal of wastes shall be permitted at this time. 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)
13. 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)
14. 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. (Department of Public Health and
Environment)
15. Fugitive dust and fugitive particulate emissions shall be controlled in this site. (Department of Public
Health and Environment)
Resolution USR-1432
Mark Weimer
Page 2
'— 16. 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)
17. Adequate hand washing and toilet facilities shall be provided for employees. The employees shall
be allowed to use the restroom facilities located at the applicants'residence. (Department of Public
Health and Environment)
18. 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)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
20. No on-site disposal of produce of any type shall be permitted at anytime. Produce shall be handled
and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris,
fugitive dust, or spoiled produce on or around the facility. (Department of Public Health and
Environment)
21. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11)
22. A building permit shall be obtained prior to the construction of the storage/shop 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)
23. The applicant shall contact the Department of Building Inspection priorto construction for appropriate
Building permits that may be required for all future construction associated with this facility.
(Department of Planning Services)
24. A plan review is required for the storage/shop building. Plans for the shop shall include a floor plan
and a complete description of the extent of the work that will be done to service or repair vehicles.
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)
25. 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)
26. The shop building will probably be classified as type S-3 repair garage. 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 Chapter 23 of the Weld County Code.
(Department of Building Inspection)
27. 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 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)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
Resolution USR-1432
Mark Weimer
Page 3
30. 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.
31. 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.
32. 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 Bruce Fitzgerald
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
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 November 4, 2003.
Dated the 4`" of November,
20003)
Crt�Q) 1cc-. � _
Voneen Macklin
Secretary
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