HomeMy WebLinkAbout20011179.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller 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:
PLANNER: Robert Anderson
CASE NUMBER: USR-1323
APPLICANT: John Hochmiller
ADDRESS: 19640 Weld County Road 28, Hudson, CO 80642
REQUEST: A Site Specific Development Plan And Special Review Permit For a Business Permitted
as a Use by Special Review (Commercial Junk or Salvage Yard) in The 1-3 (Industrial)
Zone District.
LEGAL DESCRIPTION: N2/N2/SE4, Section 32, T3N, R65W, 6TH PM, Weld County, CO
LOCATION: West and adjacent to Weld County Road 41, & 1/2 Mile South of Weld County
Road 28.
be recommended favorably to the Board of County Commissioners for the following reasons:
The Planning Commission recommends that this request be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of Chapter 23, Article
II, Division 4, Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Department of Planning Services's 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." Section 22-
2-130-B.1 (I. Goal 2) states "Accommodate new industrial development within planned
industrial areas." Section 22-2-130-D.1 (I. Goal 4) promote industrial development that is
appropriately located in relation to surrounding land uses, and that meets necessary
environmental standards.
B. Section 23-2-220-A.2--That the proposed use is consistent with the intent of the district in
which the use is located. 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. The Applicant's original application contained two added uses (Auto Sales
and Paint Ball) which are classified commercial uses not allowed in the Industrial Zone
District. The applicant withdrew these uses from the application prior to the scheduled
Planning Commission Hearing and acknowledged that to permit these uses a Change of
Zone would be required.
(I E IBLT
l5R 1323 2001-1179
RESOLUTION, USR-1323
John Hochmiller
Page 2
C. Section 23-2-220-A.3--That the uses which would be permitted will be compatible with the
existing surrounding land uses. Active Truck and Auto Recycling is located north of and
adjacent to the site and has a pending land-use application (USR-1311) with the
Department of Planning Services.This adjacentfacility Patina Oil and Gas is currently being
reviewed by the Weld County Department of Planning Services under Amended Site Plan
Review 297. South of and adjacent to the site is Tire Mountain, permitted by 2n°AMUSR-
842 as a landfill and storage facility. To the northeast of the site is the Morwai 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 Chapter22 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--That the application complies with the Weld County Code, Article
V,Overlay Districts, if the proposal is located within the Overlay District Areas identified by
maps officially adopted by Weld County.The site does not lie within any Overlay Districts.
F. Section 23-2-220-A.6 --That if the use is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime agricultural
land in the locational decision for the proposed use. The site does not lie within the
Agricultural Zone District.
G. Section 23-2-220-A.7-The Design Standards(Section 23-2-240 of the Weld County Code),
Operation Standards(Section 23-2-250 of the Weld County Code),Conditions of Approval,
and Development Standards ensure that there are adequate provisions for the protection
of the health, safety and welfare of the inhabitants of the neighborhood and the 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's staff recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
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. (Dept. 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:
RESOLUTION, USR-1323
John Hochmiller
Page 3
1) A list of wastes which are expected to be generated on site, including expected
volumes and types of waste generated. (Dept. of Public Health and Environment)
2) A list of the type and volume of chemicals expected to be stored on site. (Dept. 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. (Dept. of Public Health and
Environment)
B. Weld County Road 41 is designated on the Weld County Transportation Plan Map
as a collector status road, which requires 80 feet of right-of-way at full build out.
There is presently feet of right-of-way. A total of 40 feet from the centerline of Weld
County Road shall be delineated on the plat as right-of-way reservation for future
expansion of Weld County Road 41. This road is maintained by Weld County.
(Dept. of Public Works)
C. Off-street parking spaces, including access drives shall be surfaced with gravel, asphalt,
concrete or the equivalent, and shall be graded and maintained so as to prevent drainage
problems. All parking and vehicle storage shall be provided on-site. Parking shall not be
permitted within any public rights-of-way.The parking lot area shall be provided to meet the
needs of employees, company vehicles, visitors and customers. (Dept. of Public Works)
D. Prior to recording the plat, all waste materials and other debris (pallets, paint buckets,
derelict furniture, wood waste, and other miscellaneous debris) shall be removed and
disposed of or recycled at an approved facility. The applicant shall,within 30 days, submit
a Plan of Correction,for review and approval,to the Weld County Health and Environment,
Planning and Code Compliance Departments that describes 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)
E. Section 23-3-350.6 -- Sufficient 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.
F. Section 23-3-350.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. (Dept. of Planning
Services)
G. Section 23-3-350.1 of the Weld County Code requires uses located in the Industrial Districts
to have an adequate source of potable water. The applicant shall submit evidence that a
well permit for INDUSTRIAL use has been obtained from the Office of the State Engineer,
Division of Water Resources. The facility shall submit an application as a non-community
drinking water purveyor, as defined in the Colorado Primary Drinking Water Regulations,
to the Water Quality Control Division of the Colorado Department of Public Health and
Environment. Evidence of approval shall be submitted to the Weld County Departments of
Planning Services and Public Health and Environment. (Dept. of Public Health and
Environment)
RESOLUTION, USR-1323
John Hochmiller
Page 4
H. The applicant shall apply for an Underground Injection Control(UIC)Class V Injection Well
permit through the Environmental Protection Agency (EPA) or provide evidence that the
applicant is not subject to the EPA Class V requirements. Evidence of approval shall be
submitted to the Weld County Departments of Planning Services and Public Health and
Environment. (Depts. of Planning Services and Public Health and Environment)
Section 23-3-350.J of the Weld County Code requires uses located in the Industrial Districts
to have adequate sewage disposal facilities.The Environmental Health Services Division
was unable to locate a septic permit for the septic system serving the existing site. 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. (Dept. of Public
Health and Environment)
J. Section 23-3-360.G of the Weld County Code states"Property located within the Industrial
Districts shall be maintained in such a manner that grasses and weeds are not permitted
to grow taller than twelve(12)inches. In no event shall the property owner allow the growth
of noxious weeds."A detailed Erosion/Weed Maintenance plan indicating how erosion and
weeds will be controlled on the site, shall be submitted to the Weld County Department of
Planning Services for review and approval. (Depts. of Public Works, Planning Services,
Platte Valley Soil Conservation District)
K. Section 23-3-350.A--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. (Dept. of Public Works)
L. The facility obtain a stormwater discharge permit from the Water Quality Control Division
of the Colorado Department of Public Health and Environment.(Dept.of Public Health and
Environmental Services)
M. The Plat shall be amended to include the following:
1) The approved Erosion/Weed Control Plan. (Dept. of Planning Services)
2) The Plat shall be redrawn so that all illustrations are orientated with "North" as
being to the top of the Plat,
N. The applicant shall enter into an lmprovementsAgreementaccording 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.
RESOLUTION, USR-1323
John Hochmiller
Page 5
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. (Dept. of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HOCHMILLER, USR 1323
1. A Site Specific Development Plan And Special Review Permit For a Business Permitted as a Use
by Special Review (Commercial Junk or Salvage Yard) in The 1-3 (Industrial) Zone District, as
indicated in the application materials on file in the Department of Planning Services and subject to
the Development Standards stated hereon. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Article VIII, Section 23-8-10 of
the Weld County Code. (Dept. 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. (Dept. of Public Health and Environment)
4. 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. (Dept. of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Dept. of Public Health and Environment)
6. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S. (Dept. of Public Health and Environment)
8. Adequate toilet facilities shall be provided for the public. (Dept. of Public Health and Environment)
9. 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. (Dept. of Public Health and Environment)
10. The facility shall maintain compliance with its' stormwater discharge permit from the Colorado
Department of Public Health&Environment,Water Quality Control Division.(Dept.of Public Health
and Environment)
11. The water system shall comply with the requirements described in the Colorado Primary Drinking
Water Regulations (5 CCR 1003-1).
12. There shall be no staging or parking along Weld County Road 41. All parking, loading and off-
loading shall be on-site. (Dept. of Public Works)
13. The access road shall be maintained by the operator to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-weather driving capabilities.(Dept.of Public
Works)
14. The hours of operation shall be from 8:00 AM until 8:00 P.M. Monday through Saturday.
15. All construction on the property shall be in accordance with the Weld County Building Code. (Dept.
of Planning Services)
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
18. Personnel from the Weld County Health Department and Weld County Planning Department 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.
19. 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.
20. 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
Cristie Nicklas Jack Epple
Arlan Marrs Bryant Gimlin
Fred Walker
Stephan Mokray
John Folsum
Cathy Clamp
Michael Miller
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,Vicki Hamilton, 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 April 17, 2001
Dated the 17th of April, 2001.
0
Vicki Hami on
Secretary
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