HomeMy WebLinkAbout20031272.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray,along with amendments to 2B4,Development Standard#5,#6,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-1402
APPLICANT: Arnheim, LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-2050; part of the S2 S2 NE4 of Section 30,Ti N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by
Right,an Accessory Use,or a Use by Special Review in the Industrial Zone
District(maintenance shop, outdoor storage of equipment and materials,
and office) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to WCR 27; '/:mile north of WCR 4.
be recommended favorably to the Board of County Commissioners for the following reasons:
THE DEPARTMENT OF PLANING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 22-2-60.B.1 allows for
commercial and industrial uses to locate in the Agricultural Zone District when the impact
to surrounding properties is minimal, and where adequate services and infrastructure are
available. A mini storage facility under separate ownership is located adjacent to the site
and accesses through the site. Awinnebago business is located approximately%mile from
the site. The Colorado Geological Survey, in a referral dated October 25, 2000, and per a
phone conversation on September 30,2002 indicated that the property was located on old
river terrace deposits above the floodplain that consist primarily of sand with very minor
gravel content. The proposed shop and storage area will encompass less than 2 acres of
the existing 20 acre parcel. The agent for the applicant has indicated that the applicants
own sand and gravel interests on the property and intend to mine this property in the future.
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 Uses permitted as
a Use by Right, an Accessory Use or a Use by Special Review in the Commercial of
Industrial Zone Districts 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. The proposal is located adjacent to single family residences to the
/^ north and to the south(the property to the south is planted in crop). Industrial/Commercial
uses are located to the west. An existing tavern establishment is located to the southeast
EXHIBIT
2003-1272
1.1.42 #1'-102
of the site. The Conditions of Approval and Development Standards ensure that the
proposal will be compatible 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
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed Use by Special Review is located within the three-mile
referral areas for the City of Brighton and City of Fort Lupton. The City of Fort Lupton, in
their referral received September 17, 2002, indicated that Weld County Road 27 is
designated as a major arterial (requiring 120-feet of right-of-way) in the Fort Lupton
Transportation Plan. A condition of approval for this case will require the applicant to
reserve 60-feet from the centerline of Weld County Road 27 for future expansion of Weld
County Road 27. The City of Brighton, in their referral received October 7, 2002,
recommended that any outdoor storage should be adequately screened and/or landscaped
along Weld County Road 27.
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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 designated
as "Prime" on the USDA - Soil Conservation Service map. A portion of the property is
classified as urban/urban built up land. The property located immediately to the west is
being used for mini-storage. The parcel has an area of 19.75 acres. Section 22-2-60.1 of
the Weld County Code states, "The minimum lot size of parcels in the Agricultural zone
district should remain at 80 acres to encourage parcels large enough to retain viable
farming operations or to accommodate modern agricultural equipment and irrigation
practices. Lots of lesser size are not generally practical to farm due to large scale
management practices existing today."
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 scheduling a Board of County Commissioners hearing:
C. The applicant shall submit a detailed landscape, parking and signage plan to the Weld
County Department of Planning Services. (Department of Planning Services)
D. The applicant shall submit an outside irrigation plan to the Weld County Department of
Planning Services detailing where proposed irrigation water will be obtained and how
proposed outdoor landscaping (trees and shrubs)will be irrigated.
2. Prior to recording the plat:
A. The plat shall be labeled USR-1402. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
i. The plat shall adhere to the requirements of 23-2-260.D of the Weld County Code.
(Department of Planning Services)
The attached Development Standards. (Department of Planning Services)
Weld County Road 27 is designated as a major arterial in the Fort Lupton
Transportation Plan which requires 120-feet of right-of-way. A total of 60 feet from
the centerline of Weld County Road 27 shall be delineated on the plat as right-of-
way reservation for future expansion of Weld County Road 27.(City of Fort Lupton)
iv. The applicant shall identify a parking configuration to accommodate outdoorvehicle
parking identifying the circulation lanes and parking locations. The off-street
parking and the access drive requirements shall comply with Chapter 23,Article IV,
Division 1 of the Weld County Code. A minimum parking area to accommodate at
least 15 parking spaces shall be indicated on the plat. (Department of Public
Works, Department of Planning Services)
v. Outdoor lighting for the facility (if applicable) shall be indicated on the plat.
Proposed lighting shall meet the requirements of Section 23-2-360.F of the Weld
County Code. (Department of Planning Services)
vi. The following notes shall be removed from the plat:
"CONCEPTUAL DESIGN FOR END-USE OF PROPERTY."
"ALL DEVELOPMENT DEPICTED ON THIS PLAN IS CONCEPTUAL IN
NATURE ONLY AND SHOULD BE CONSTRUED AS FINAL IN DESIGN.
UPON APPROVAL OF THE USE BY SPECIAL REVIEW, THE
APPLICANT WILL SUBMIT A FINAL, DETAILED SITE PLAN TO THE
COUNTY FOR REVIEW AND APPROVAL TO ANY ON-SITE
DEVELOPMENT."
C. If applicable, the applicant shall apply for an Underground Injection Control (UIC)Class V
Injection Well permit for the proposed maintenance shop through the Environmental
Protection Agency (EPA)or provide evidence that the applicant is not subject to the EPA
Class V requirements. Evidence of Department of Public Health & Environment approval
shall be submitted to the Department of Planning Services. (Department of Public Health
& Environment)
D. In accordance with the 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.Evidence of Department of Public Health&Environment
approval shall be submitted to the Department of Planning Services. (Department of Public
Health & Environment)
E. 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). Evidence of Department of Public
Health & Environment approval shall be submitted to the Department of Planning
Services. (Department of Public Health & Environment)
F. The applicant shall supply a storm water drainage report in accordance with Section 24-7-
120 of the Weld County Code for review and approval by the Weld County Department of
Public Works. Written evidence of Public Works approval shall be submitted to the
Department of Planning Services. (Department of Public Works)
G. The West Adams Soil Conservation District has provided information regarding the soils on
the site. The applicant shall submit written documentation that they have reviewed the
information and will use it to positively manage on site soils. (West Adams Soil
Conservation District)
H. The applicant shall provide evidence that the existing semi-trailer on the property (Lot B)
has current license plates and registration. The semi-trailer shall meet the requirements
of the Weld County Code. (Department of Planning Services)
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)
J. 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)
7. Prior to Release of Building Permits:
A. The applicant shall address the requirements of the Weld County Department of Building
Inspection as stated in their referral received September 13,2002. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department
of Building Inspection)
B. A complete set of building plans shall be submitted to the Greater Brighton Fire Protection
District prior to building construction. The applicant shall attempt to comply with the
requirements of the Greater Brighton Fire Protection District in accordance with the referral
received, September 10, 2002. Written evidence of such shall be provided to the
Department of Planning Services. (Greater Brighton Fire Protection District, Department
of Planning Services)
5. Prior to operation:
A. At the entrance, the approach road crosses over the McCanne Ditch. The applicant shall
cut the weeds on both sides of the ditch crossing to provide a safe sight distance triangle
for vehicles entering Weld County Road 27. (Department of Public Works)
B. An individual sewage disposal system is required for the proposed 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. Evidence of
Department of Public Health&Environment approval shall be submitted to the Department
of Planning Services. (Department of Public Health & Environment)
6. 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(@co.weld.co.us. (Department of Planning Services)
7. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Arnheim, LLC
USR-1402
1. The Site Specific Development Plan and Special Use Permit is for a Use by Right, an Accessory
Use,ora Use by Special Review in the Industrial Zone District(Maintenance Shop,Outdoor storage
of equipment & materials, and office) 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 applicant shall cut the weeds on both sides of the ditch crossing to provide a safe sight distance
triangle for vehicles entering Weld County Road 27. (Department of Public Works)
4. Off-street parking and loading for this facility shall comply with Chapter 23,Article IV, Division 1 of
the Weld County Code. (Department of Planning Services)
5. All outdoor storage shall be confined within the eight foot privacy fence. (Department of Planning
Services)
6. Hours of operation shall be from 7:00 A.M to 7:00 P.M. Monday - Saturday as stated in the
application except in the case of public or private emergency, or to make necessary repairs to
equipment. This shall not apply to operation of administrative and executive offices or repair
facilities on the property. (Department of Planning Services)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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)
8. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and
Environment)
9. 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)
10. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
11. 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)
12. Adequate handwashing and toilet facilities shall be provided for the employees and patrons of the
facility. (Department of Public Health and Environment)
13. An I.S.D.S is required for the proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. (Department of Public Health and Environment)
14. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County I.S.D.S.Regulations.(Department of Public Health and Environment)
15. The septic system serving the residence on-site shall be properly abandoned or removed.
Abandonment includes pumping out of septic waste and filling with soil. (Department of Public
Health and Environment)
16. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
17. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
18. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing
and 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)
19. A building permit shall be obtained prior to the construction of any building.(Department of Building
Inspection)
20. A plan review is required for each building for which the building permit is required. Plans shall bear
the wet stamp of a Colorado registered architect or engineer. Two complete set of plans are
required when applying for each permit. (Department of Building Inspection)
21. 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; 1999 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
22. Building height shall be measured in accordance with the 1997 Uniform Building Code or the
applicable code adopted at time of building permit application 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)
23. Outdoor lighting shall adhere to the lighting standards outlined in Section 23-3-360.F of the Weld
County Code. (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 Departments of Public Health and Environment,Planning Services
and Public Works 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.
Motion seconded by
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 October 15, 2002.
Dated the 15`" of October, 2 02.
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Voneen Macklin
Secretary
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