HomeMy WebLinkAbout20011685.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant John E. & M. Eleanor Hochmiller Case Number USR-1311
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (8 pages) X
3 Photograph of sign posting X
4 Memos requesting continuances (3 pages) X
5 Department of Planning Services field check form X
6 Planning Commissioner field check form X
7 Reciept X
8 Letter to Applicant X
9 Legal Notifications (4 pages) X
10 Application (28 pages) X
11 The Beginners Guide to Automotive Recycling booklet X
12 Referral List X
13 Referral Letter X
14 Weld County Zoning Compliance, referral received 12/4/2000 X
15 Colorado Division of Wildlife, referral received 12/10/2000 X
16 Platteville Fire Protection District, referrals received 1/22/2001 X
and 1/24/2001 (2 pages)
17 Weld County Department of Public Works, referrals received X
12/28/2000 and 1/24/2001 (3 pages)
18 Weld County Department of Building Inspection, referral X
received 12/18/2000
19 Weld County Department of Public Health and Environment, X
referrals received 12/11/2000 and 12/19/2000 (3 pages)
20 Maps(2 pages) X
21 Zoning Map X
22 Part of SUP 311 plat X
23 Photographs of site(3 pages) X
24 8 1/2"X 11" maps submitted by applicant(2 pages) X
25 24"X 36" plat X
ex uir
2001-1685
26 Deed X
27 Certificate of Conveyance (7 pages) X
28 Surrounding Property Owners (6 pages) X
29 Well and Septic Information (7 pages) X
30 Soil Survey X
31 honn to ensley letter X
Item submitted at planning commission
I hereby certify that the 31 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office. JAW
hs1,
Sheri Lockman ❖ Planner II
Page 1
fates
WIIDcLANDAPPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1311 Hearing Date: June 5, 2001
Applicant: John E. and Address: 19640 WCR 28,
M. Eleanor Hochmiller Hudson, CO 80642
Request: A Site Specific Development Plan and Special Review Permit for a Salvage Yard
(Auto Salvage, Used Truck Sales and General Truck Repair) in the 1-3 (Industrial)
and A (Agricultural) Zone Districts
Legal Description: E2 W2 NE4 of Section 32, Township 3 North, Range 65 West of the 6th
P.M., Weld County, Colorado
Location: South of and adjacent to Weld County Road 28 & 1/4 mile west of Weld County
Road 41
Size of Parcel: 39.875 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 12/4/2000
• Colorado Division of Wildlife, referral received 12/10/2000
• Weld County Department of Public Health and Environment, referral received 12/11/2000
and 12/19/2000
• Platteville/Gilcrest Fire Protection District, referrals received 1/22/2001 and 1/24/2001
• Weld County Department of Public Works, referrals received 12/28/2000 and 1/24/2001
• Weld County Building Inspection Department, referral received 12/18/2000
EXHIBIT
Page 2
t4DI SPECIAL REVIEW PREVMIT
IEW
ADMINISTRATIVE REVIEW
'"DC
COLORADO
Planner: S Lockman
Case Number: USR-1311 Hearing Date: June 5, 2001
Applicant: John E. and Address: 19640 WCR 28,
M. Eleanor Hochmiller Hudson, CO 80642
Request: A Site Specific Development Plan and Special Review Permit for a Salvage Yard
(Auto Salvage, Used Truck Sales and General Truck Repair) in the 1-3 (Industrial)
and A (Agricultural) Zone Districts
Legal Description: E2 W2 NE4 of Section 32, Township 3 North, Range 65 West of the 6th
P.M., Weld County, Colorado
Location: South of and adjacent to Weld County Road 28 & 1/4 mile west of Weld County
Road 41
Parcel Size: 39.875 +/- acres Parcel Number: 1213 32 000016
THE DEPARTMENT OF PLANNING 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 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 ordinances in effect. Section 22-2-130.A.1
(I.Goal 1) states "Encourage the expansion and diversification of the industrial
economic base." 22-2-130.D.1 (I.Goal 4) promotes industrial development that is
appropriately located in relation to surrounding land uses and that meets necessary
/'` environmental standards.
/'` Page 3
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) and 1-3 (Industrial) Zone Districts. Section 23-3-330.D.4 of the Weld
County Code provides for commercial junkyards or salvage yards as a Use by
Special Review in the 1-3 (Industrial) Zone District. Section 23-3-40.G of the Weld
County Code provides for junkyards or salvage yards 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 lots to the west and south of the site have
salvage yards. Both lots also have pending violations which will be required to come
into compliance with the Weld County Code. The lot east of the site is vacant,
however, directly adjacent to the vacant lot is an existing waste storage and
treatment facility. This facility is currently being reviewed by the Weld County
Department of Planning Services under Amended Site Plan Review 297. Six
hundred and sixty feet south of the site is Tire Mountain, permitted by 2n°AMUSR-
842 as a landfill and storage facility. To the northeast of the site is Moser Dairy,
permitted by USR-1201 for 6,000 head of cattle. Conditions of Approval and
Development Standards will ensure that any incompatibilities will be mitigated.
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 site does not lie within the Urban
Growth Boundary or referral area of any municipality.
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. Three
quarters of the site lies within the 1-3(Industrial)Zone District. The small portion that
is Zoned Agricultural is designated "Prime if they become irrigated" by the USDA
Soil Conservation Services. However, the location and size of the portion zoned
Agricultural severely limits its productivity.
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. The attached Development Standards for the Special Review Permit shall be adopted and
/1". Page 4
placed on the Special Review Plat prior to recording. The completed plat shall be delivered
to the Weld County Department of Planning Services and be ready for recording in the
Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit a Waste Handling Plan to the Weld County Department
of Public Health and Environment, Environmental Health Services Division.
Evidence of approval shall be submitted to the Weld County Department of
Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site, including
expected volumes and types of waste generated. (Department of Public
Health and Environment)
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
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)
B. The applicant shall submit evidence of compliance with the Environmental
Protection Agency for the Class V Injection Well Regulations to the Weld County
Department of Public Health & Environment, Environmental Health Services
Division. Evidence of approval shall be submitted to the Weld County Department
of Planning Services. (Department of Public Health and Environment)
C. The applicant shall submit a letter requesting the vacation of Special Use Permit
311. (Department of Planning Services)
D. The applicant shall submit evidence to the Weld County Department of Public
Health & Environment, Environmental Health Services Division, that the existing
NPDES Permit(COR-060000)was amended for the operation if the Water Quality
Control Division of the Colorado Department of Public Health & Environment
determines that such a modification represents a significant change in the
discharge. Evidence of approval shall be submitted to the Weld County Department
of Planning Services. (Dept. of Public Health and Environment)
E. All waste materials and other debris(pallets,wood wastes,and other miscellaneous
debris) shall be removed and disposed or recycled at an approved facility. The
applicant shall submit a plan of correction, for review and approval, to the Health
and Planning Departments that describe how the materials will be removed and
disposed of. Following removal, the applicant shall provide evidence to the
Department of Planning Services and Public Health and Environment that the
material was disposed or recycled in accordance with the approved plan. (Dept. of
Public Health and Environment)
Page 5
F. A detailed Landscape Plan identifying the number,size and species of landscaping
materials /buffering materials, shall be submitted to the Weld County Department
of Planning Services for review and approval. The plan shall also address
maintenance of the landscaping materials and potential replacement of dying
materials. The approved plan shall be delineated on the plat map. The Landscape
Plan shall address the following Weld County Code requirements:
1) Section 23-33-350.B --Sufficient screened, off street, paved parking areas
shall be provided in the Industrial Districts to meet the requirements of
employees, company vehicles, visitors and customers of the uses allowed
by right and accessory uses.
2) Section 23-33-350.G.1 —No more than eighty-five percent(85%)of the total
area of a lot in any Industrial District shall be covered. Land shall not be
deemed covered if it is used for growing grass, shrubs, trees, plants or
flowers or if covered by decorative gravels or wood chips,or if it is otherwise
suitably landscaped.
Prior to recording the plat,all salvaged materials including used truck trailers
shall be moved to the south side of the existing row of Russian Olive Trees
as required by the previous Special Use Permit (SUP-311) to preserve the
necessary 15% of open space.
3) Section 23-33-350.G.2--That portion of a lot in any Industrial District which
abuts a public or private street right-of-way shall be landscaped for a
distance of ten (10)feet, measured at a right angle from the lot line towards
the interior of the lot. Sidewalks and driveways may pass through the
required landscaped areas.
4) Section 23-33-350.H —Areas used for storage or trash collection shall be
screened from adjacent public rights-of-way and adjacent properties. These
areas shall be designed and used in a manner that will prevent wind or
animal scattered trash. (Department of Planning Services)
G. The Environmental Health Services Division was unable to locate a septic permit
for the septic system serving the existing mobile home and customer service area.
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. Evidence of approval shall be submitted to the
Weld County Department of Planning Services. (Department of Public Health and
Environment)
Page 6
H. A detailed maintenance plan indicating how weeds will be maintained on the site,
shall be submitted to the Weld County Department of Planning Services for review
and approval. (Department of Planning Services)
I. The Plat shall be amended to include the following:
1) The approved Landscape Plan. (Department of Planning Services)
2) The approved Weed Maintenance Plan. (Department of Planning Services)
3) The directional flow of traffic throughout the salvage storage area.
(Department of Public Works)
4) The Plat shall be redrawn so that all illustrations are orientated with "North"
as being to the top of the Plat. (Department of Planning Services)
J. All users of land in the Industrial Districts shall provide and maintain storm water
retention facilities designed to retain the storm water runoff in excess of historic flow
from the undeveloped site. The storm water retention facility on a developed site
shall be designed for a 100-year storm. The storm water retention facility shall be
designed and operated to release the retained water at a quantity and rate not to
exceed the quantity and rate of a five year storm falling on the undeveloped site.
The applicant shall submit a Storm Water Drainage Plan to the Weld County
Department of Public Works for review and approval. An approved copy of this plan
shall be submitted to the Department of Planning Services. (Department of Public
Works)
K. The applicant shall enter into an Improvements Agreement according to Weld
County policy regarding collateral for improvements and post adequate collateral
for parking and clean up requirements. The agreement and form of collateral shall
be reviewed by County Staff and accepted by the Weld County Board of County
Commissioners prior to recording the plat. (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)
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John E. and M. Eleanor Hochmiller
USR-1311
1. The Site Specific Development Plan and Special Use Permit is for a Site Specific
Development Plan and Special Review Permit for a Salvage Yard (Auto Salvage, Used
Truck Sales and General Truck Repair) in the 1-3 (Industrial) and A (Agricultural) Zone
Districts, 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. 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)
4. No permanent disposal of wastes shall be permitted at this site. (Department of Public
Health and Environment)
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5. 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)
6. Fugitive dust shall be controlled on this site.(Department of Public Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial,
Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and
Environment)
8. Adequate toilet facilities shall be provided for the public. (Department of Public Health and
Environment)
9. An I.S.D.S is required for the proposed shop and shall be installed according to the Weld
County I.S.D.S. Regulations. 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)
10. No wastes other than domestic wastes shall enter any septic system. (Department of Public
Health and Environment)
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, pursuant to Section 25-8-205.5 Colorado Water Quality Control
Act and Rules and Regulations. (Department of Public Health and Environment)
Page 8
12. No more than 250 gallons of waste fluids (oil, transmission fluid, antifreeze, etc.) shall be
stored on the site at any one time. All liquid wastes shall be stored in covered drums, in a
covered structure, on a concrete pad. (Department of Public Health and Environment)
13. The facility shall utilize the existing well(Permit 055618). (Department of Public Health and
Environment)
14. The landscaping on site shall be maintained in accordance with the approved landscape
plan. (Department of Planning Services)
15. The unpaved portion of the facility shall have adequate gravel to accommodate all weather
access throughout the facility. (Department of Public Works)
16. The existing residence is a nonconforming use. File NCU-349 has been established. The
residence shall comply with all regulations listed in Section 23-7-10 of the Weld County
Code. (Department of Planning Services)
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 and 23-3-350, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 and 23-3-360, Weld County Code.
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19. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
20. 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.
21. 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.
o _
W� FAX (970) 304-6498
DEPARTMENT OF PLANNING SERVICES PHONE (970) N 6 17 55TH AVENUE
COLORADO GREELEY, COLORADO 80631
November 28, 2000
John Hochmiller
19867 Scotch Pine Dr
LaSalle, CO 80645
Subject: USR-1311- Request for a Site Specific Development Plan and Special Review Permit for
Salvage Yard (Auto Salvage, Used Truck Sales, and General Truck Repair)in the 1-3 Industrial
Zone District on a parcel of land described as E2 W2 NE4 of Section 32, Township 3 North,
Range 65 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Hochmiller:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for January 2, 2001, at 1:30 p.m. This meeting will
take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Sheri Lockman
Planner
A
EXHIBIT
WtLU I UUNI 11,GULUHHI'••
DEPARTMENT OF PLANNING S :ICES
--- PLEASE TAKE THIS SLIP TO THE FRONT DESK --
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6560•RECORDING FEE
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: MEMORANDUM
WI`Pe. TO: Weld County Planning Commission March 13, 2001
COLORADO FROM: Sheri Lockman, Planner II
SUBJECT: USR-1311
Weld County Planning Staff and the applicant are requesting an indefinite continuance of Use
by Special Review Permit 1311. The water well currently servicing the site is scheduled to be
reviewed by the Division of Water Resources Board of Examiners on April 3, 2001. Planning
Staff will reschedule the Planning Commissioners hearing after the outcome of the review is
determined.
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EXHIBIT
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igoterig MEMORANDUM
TO: Weld County Planning Commission February 12, 2001
Wi`P�. FROM: Sheri Lockman, Planner II
COLORADO
SUBJECT: USR-1311
Weld County Planning Staff and the applicant are requesting a continuance of Use by Special
Review Permit 1311 until March 20, 2001. This is the second continuance of this case. The
applicant has been attempting to permit his water supply with the Division of Water Resources.
MEMORANDUM
WC. TO: Weld County Planning Commission December 26, 2000
COLORADO FROM: Sheri Lockman, Planner II
SUBJECT: USR-1311
Weld County Planning Staff and the applicant are requesting a continuance of Use by Special
Review Permit 1311 until February 20, 2001.The applicant is attempting to permit his water supply
through the Division of Water Resources and hopes to have the permit prior to the twentieth.
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FIELD CHECK
CASE NUMBER: USR-1311 DATE OF INSPECTION: "Z.A/OCR
APPLICANT'S NAME: John and Eleanor Hochmiller
PLANNER: Sheri Lockman
REQUEST: Site Specific Development Plan and Special Review Permit fo(lvage Yard Auto Salvage,
Used Truck Sales, and General Truck Repair) in the 1-3 Industrial Zone District.
LEGAL DESCRIPTION: E2 W2 NE4 of Section 32, Township 3 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent tc&VCR 28?andc1/4 mile west of WCR 41
LAND USE:
N
ace giro
W dkze� _rc r
ZONING: N A(Agricultural) J
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
P.C. Member
IBR
6
FIELD CHECK inspection date:12/18/2000
CASE NUMBER:USR-1311
APPLICANT:Hochmiller
LEGAL DESCRIPTION: E2 W2 NE4 of Section 32, T3N, R65W of the 6th P.M.,
Weld County, CO
LOCATION: South of and adjacent to Weld County Road 28; 1/4 mile west of Weld
County Road 41
Zoning Land Use
N A (Agricultural) N dryland pasture / Moser 6000 head Dairy
E A (Agricultural) E vacant lot then Patina Oil
S A (Agricultural) S Junk yard / Tire Mountain
W A (Agricultural) W Junk yard
COMMENTS: The site has not been kept in compliance with the existing
SUP. No berm has been built nor has the 500' setback
been maintained.
The driveway into the site has been paved. Many semi
trailers are being used for storage of parts throughout the
site. At the far southern end of the site piles of
miscellaneous debris have been allowed to accumulate.
The site is easily visible from Weld County Road 41 .
da 'X f _Lw2
Sheri Lockman, Planner II
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EXHIBIT
1 5
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