HomeMy WebLinkAbout20010789 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray 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: Sheri Lockman
CASE NUMBER: USR-1317
APPLICANT: Kelly& Dana Boyle
ADDRESS: 21655 Orleans Circle
Commerce City, CO 80022
REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted
as a use by right or an accessory use in the Commercial Zone District(Parking of Vehicles
and Equipment and Repair Shop) in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Pt. E2 NE4 Section 16, T2N, R66W of the 6th P.M., Weld County,
Colorado
LOCATION: 150 feet west of Weld County Road 31 and south of and adjacent to Weld County Road 22
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 ordinances in effect.Section 22-2-60.A.1 of the Weld County
Code(A.Goal 1)states"Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture."The proposed site is designated"Other"
by the USDA Soil Conservation Services. No prime farm ground will be taken out of
production.
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 an accessory use in the Commercial Zone District as a Use
by Special Review in the A (Agricultural) Zone District. Section 23-3-240.C.1 allows for
parking areas or structures for use by employees, customers and company vehicles and
Section 23-3-240.C.6 allows for repair garages or shops as an accessory use in the C-4
(Commercial)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 proposed shop and access have been located with
consideration to adjacent homes. Further, Conditions of Approval and Development
Standards will ensure that any incompatibilities will be mitigated.
4 EXHIBIT
2001-0789
(I Ira-S 517
RESOLUTION, USR-1317
Kelly and Dana Boyle
Page 2
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 lies within the City of Fort Lupton three mile referral area.The City
of Fort Lupton indicated no conflicts with their interests.
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 proposed site is
designated"Other"by the USDA Soil Conservation Services. No prime farm ground will be
taken out of production.
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. The attached Development Standards for the Special Review Permit shall be adopted and 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 30 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. A detailed landscaping 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 address parking areas not
RESOLUTION, USR-1317
Kelly and Dana Boyle
Page 3
adequately screened from adjacent properties and rights-of way. 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. (Dept. of Planning
Services)
C. The applicant shall submit evidence that a well permit has been obtained through the State
Engineers office which includes the residential and commercial use. (Departments of
Planning and Public Health and Environment)
D. The applicant shall submit a signed copy of the proposed access agreement. (Department
of Planning Services)
E. 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.(Department of Public Health and
Environment)
F. The plat shall be amended to include:
1) A detailed drawing of the shop area delineating the employee parking and the
tractor trailer parking with the circulation pattern to accommodate all vehicles
utilizing the shop area. Evidence of Department of Public Works approval shall be
submitted to the Department of Planning Services. (Department of Public Works)
2) The applicant shall indicate an additional 10'from the 30'road right-of-way from the
center line of WCR 22 as a reservation for future expansion of WCR 22.
3. Prior to construction:
A. All required building permit applications will be submitted to the Weld County Department
of Building Inspection for review and approval. (Department of Building Inspection)
4. 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)
Motion seconded by Cathy Clamp.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Arlan Marrs
Michael Miller Bryant Gimlin
Jack Epple
John Folsom
Fred Walker
Stephen Mokray
Cathy Clamp
RESOLUTION, USR-1317
Kelly and Dana Boyle
Page 4
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, Trisha Swanson, 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 March 6, 2001.
Dated the 6' of of March, 2001.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kelly& Dana Boyle
USR-1317
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a use
by right or an accessory use in the Commercial Zone District(Parking of Vehicles and Equipment
and Repair Shop) 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. If applicable, a NPDES Permit shall be obtained from the Water Quality Control Division of the
Colorado Department of Health for any proposed discharge into State Waterways. (Department of
Public Health and Environment)
5. 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)
6. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and
Environment)
7. 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)
8. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
9. 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)
10. Adequate toilet facilities shall be provided for employees. (Department of Public Health and
Environment)
11. A Weld County Individual Sewage Disposal System(I.S.D.S.)is required for the proposed residence
and shop.The septic system shall be installed according to the Weld County I.S.D.S. Regulations.
The septic system for the shop 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)
12. The facility shall utilize well water. (Department of Public Health and Environment)
13. 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)
14. The facility shall dispose all wastes in accordance with the approved waste handling plan.
(Department of Public Health and Environment)
15. The access lane shall be constructed with adequate turning radii to accommodate two-way traffic
to the residents of the home and the shop area. A minimum of 24 feet in width shall be required.
(Department of Public Works)
16. The access lane shall be graded and drained to provide an all-weather access to the facility.
(Department of Public Works)
17. There shall be two designated parking areas adjacent to the shop, one to accommodate employee
parking and the other to accommodate the tractor-trailer rigs. (Department of Public Works)
18. Off-street parking spaces, including the access drive, shall be surfaced with gravel, asphalt,
concrete,or the equivalent and shall be graded to prevantdrainage problems.(Department of Public
Works)
19. All maintenance of trucks shall be performed within the shop. (Department of Planning Services)
20. The number of semi trucks and trailers on the site shall be limited to four (4). (Department of
Planning Services)
21. The site shall maintain compliance with the approved Landscape Plan. (Department of Planning
Services)
22. Storage and parking of semi trucks on the lot shall be limited to those operated or owned by the
applicant. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
25. 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.
26. 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.
27. 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.
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