HomeMy WebLinkAbout20033083.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by , 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-1407
APPLICANT: Elizabeth Roseman
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of RE-2012; part of the E2 NE4 of Section 30, T2N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for a Use by Right,
an Accessory Use, or a Use by Special Review in the commercial and
industrial zone districts(towing, storage,sales, rental of motorcycles, cars,
recreational vehicles, noncommercial junkyard and auto pawn) in the A
(Agricultural)Zone District.
LOCATION: West of and adjacent to Highway 85;approximately 1/8 mile south of WCR
18.
be recommended unfavorably to the Board of County Commissioners for the following reasons:
1. 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 do not 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.
Should this application be approved the Planning Commission recommends the following as conditions of
approval:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services. (Department of Planning Services)
B. The applicant shall submit a copy of a recorded easement agreement with oil & gas
interests to provide access to existing oil & gas facilities located immediately west of the
property or submit evidence that an adequate attempt had been made to address oil &gas
access issues to the satisfaction of the applicants and oil &gas operators. (Department of
Planning Services)
C. The applicant shall submit a copy of an agreement with Kerr McGee regarding their gas line
along the northern property line or submit evidence that an adequate attempt has been
made to address their concerns. (Department of Planning Services)
D. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners/operators stipulating that the oil
and gas activities have adequately been incorporated into the design of the site or sho
evidence that an adequate attempt has been made to mitigate the concerns of the mineral 'S‘4'911.'''
owners. (Department of Planning Services)
E. The applicant shall submit a plan detailing how landscaping will be irrigated and ho
sufficient water will be provided for landscaping. (Department of Planning Services) ,q
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2. Prior to recording the plat: f
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A. The plat shall be labeled USR-1407 (Department of Planning Services)
2003-3083
Resolution USR-1407
Elizabeth Roseman
Page 2
B. The applicant shall submit a Landscape and Screening Plan for review and approval by the
Department of Planning Services. The outside vehicle storage area, storage unit area and
mobile home shall be enclosed by an opaque fence that is tall enough to screen vehicles
and buildings from U.S. Highway 85, Weld County Road 18 and the residence and
outbuildings located to the northwest of the site. Additional landscaping shall be provided
along U.S. Highway 85 to address the proposed maintenance building, parking and vehicle
display areas. Screening along U.S. Highway 85 shall meet the requirements of the City
of Fort Lupton. (Department of Planning Services)
C. If applicable, the applicant shall apply for an Underground Injection Control (UIC)Class V
Injection Well permit for the maintenance building through the Environmental Protection
Agency (EPA) or provide evidence that the applicant is not subject to the EPA Class V
requirements. (Department of Public Health and Environment)
D. 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)
E. Submit a dust abatement plan to Environmental Health Services,Weld County Department
of Public Health & Environment, for approval prior to operation. (Department of Public
Health and Environment)
F. In the event the applicant intends to utilize the existing septic system the septic system 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. (Department of Public Health and
Environment)
G. 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. (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. 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)
The applicant shall provide written evidence from the Department of Public Works to the
Department of Planning Services that storm water drainage will be retained and released
at a historical rate. (Department of Public Works/Department of Planning Services)
J. The applicant shall address the requirements of the Weld County Planning Department
referral (Kim Ogle) dated December 3, 2002. Written evidence of such shall be provided
to the Department of Planning Services. (Department of Planning Services)
Resolution USR-1407
Elizabeth Roseman
Page 3
K. The applicant shall address the following requirements of the Weld County Department of
Building Inspection as stated in their referral dated December 16, 2002:
A building permit shall be obtained for all existing structures unless evidence can
be submitted that a permit and all required inspections were performed. Existing
building applications 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. A plan review is
required for each building for which a building permit is required. Plans for new
buildings or structures shall bear the wet stamp of a Colorado registered architect
or engineer. Two complete sets of plans are required when applying for each
permit. 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.
L. The applicant shall attempt to address the recommendations of the Platte Valley Soil Conservation
District as stated in their referral received December 23, 2002. Evidence of such shall be provided
in writing to the Department of Planning Services. (Platte Valley Soil Conservation District)
M. The applicant shall address the recommendations of the Weld County Sheriff's Office as stated in
their referral received December 4, 2002. Evidence of such shall be provided in writing to the
Department of Planning Services. (Weld County Sheriffs Office)
N. The applicant shall enter into a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for transportation and non-transportation
requirements. The Improvements Agreement shall address landscaping,fencing and parking lot and
access improvements.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)
O. The applicant shall submit a Zoning Permit for a Mobile Home(ZPMH)application for the proposed
mobile home. The mobile home can either be permitted as a Temporary Use during Medical
Hardship or as a Temporary Accessory Use as an Office. Mobile homes serving as custodial or
security quarters for Commercial or Industrial uses are not allowed in the A (Agricultural) Zone
District. The zoning permit shall be processed by the Department of Planning Services prior to
recording the plat. (Department of Planning Services)
P. In the event it is agreed that the existing access and utility easement be relocated, the applicant
shall submit an amended recorded exemption application that indicates the revised location of the
access and utility easement for review and approval by the Department of Planning Services. The
Amended Recorded Exemption plat shall be recorded prior to recording the USR plat. (Department
of Planning Services)
Q. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The approved Landscape and Screening Plan. (Department of Planning Services)
3. The applicant needs to specify on the plat drawing adequate parking to accommodate all
types of vehicles utilizing the site and a good circulation pattern for turning a larger vehicle.
A total of 62 parking spaces (including one van accessible handicapped parking stall)shall
,e—^
be indicated on the plat that meet the requirements of Chapter 23,Article IV, Division 1 and
Appendix 23-A of the Weld County Code. (Department of Public Works/Department of
Planning Services)
Resolution USR-1407
Elizabeth Roseman
Page 4
4. The applicant needs to identify on the plat how and where the storm water will be retained
and released at the historical rate from the site so as to not impact the adjacent property
owners. (Department of Public Works)
5. Adequate traffic circulation for the proposed storage units shall be indicated. The typical
turning radiuses for a U-Haul Type truck requires a 42-foot clearance. The applicant shall
adjust turning radiuses for the storage units to incorporate this type of vehicle. The
applicant shall indicate on the plat the openings for the proposed storage units and indicated
whether they are single or double units. The applicant shall place temporary parking on the
plat drawing always leaving one access open for circulation. (Department of Public Works)
6. The applicant shall identify all rights-of-way/easements on the property whether they are
private or public. If the state requires an additional setback for future widening of U.S.
Highway 85, this should be shown on the plat. (Department of Public Works)
7. The display area shall be indicated on the plat separate from the proposed gravel parking
area and turnaround. (Department of Public Works)
8. The designation "Custodial Quarters" in reference to the mobile home shall be removed
from the plat. (Department of Planning Services)
9. The plat shall be revised so that all existing and future buildings are setback a minimum of
15-feet from the existing Kerr McGee gas line (presently located approximately 30-feet
south of the north property line.)Accesses over the gas line shall be indicated as gravel (not
paved). (Department of Planning Services)
R. 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 maps(a�co.weld.co.us. (Department of Planning Services)
5. Prior to Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed office and maintenance
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
Elizabeth Roseman
USR-1407
1. The Site Specific Development Plan and Special Use Permit is for a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial and Industrial Zone Districts (towing, storage,
sales, rental of motorcycles, cars, recreational vehicles, noncommercial junkyard and auto pawn)
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. No more than ten (10)automobiles/motorcycles shall be displayed at a time for sale in the parking
and display area off of U.S. Highway 85. (Department of Planning Services)
4. No Derelict vehicles shall be allowed in the display area. (Department of Planning Services)
5. Hours of operation for all uses (with the exception of towing)will be from 10:00 A.M. to 5:00 P.M.
Monday-Friday as outlined in the application materials. (Department of Planning Services)
6. A maximum of (5) five employees shall be allowed as outlined in the application materials.
(Department of Planning Services)
7. The access drive including the parking area shall consist of gravel, asphalt, concrete or equivalent
and shall be graded to prevent drainage problems. (Department of Public Works)
8. The mobile home shall serve as a residence for employees of the business (for security purposes)
and shall not be used for any other purpose. (Department of Planning Services)
9. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties; 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. (Department of Planning Services)
10. All liquid and solid wastes (as defined i n the Solid Wastes Disposal Sites and F acilities A ct,
30-20-100.5, C.R.S.)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
11. 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. (Department of Public Health and Environment)
12. 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)
13. Fugitive dust 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)
14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
15. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance
with product labeling. (Department of Public Health and Environment)
16. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health and Environment)
Resolution USR-1407
Elizabeth Roseman
Page 2
17. Adequate toilet facilities shall be provided for employees and patrons of the facility.(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. 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)
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
21. A building permit shall be obtained prior to the construction of any new building. (Department of
Public Works)
22. 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. Plans 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)
23. 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)
24. Each new building will require an engineered foundation based on a site specific geotechnical 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)
25. The maintenance 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)
26. Building height shall be measured in accordance with the 1997 Uniform Building Code for the
purpose o f d etermining the maximum building size and h eight for v arious uses and types o f
construction and to determine compliance with the Bulk Requirements of Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter23 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)
27. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Wide Road Impact Program, Area 3. (Chapter 20,Article II of the
Weld County Code) (Department of Planning Services)
28. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
29. 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)
Resolution USR-1407
Elizabeth Roseman
Page 3
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
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 Weld County Government shall be granted access onto the property at any
reasonable time in order t o ensure 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.
Motion seconded by Cathy Clamp
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
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 January 21, 2003.
Dated the 21'of January, 2003.
i ate n Lv-
Voneen Macklin
Secretary
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