HomeMy WebLinkAbout20011180.tiff INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: JOHN HOCHMILLER CASE#: USR-1323
Submitted or Prepared:
Prior to At
Hearing
Hearing
1 Planning Commission Resolution
2 Department of Planning Services' Staff Review X
3 Department of Planning Services' Field Check X
4 Planning Commissioners' Field Check X
5 Letter to Applicant X
6 Legal Notice X
7 Application X
Referrals with Comments
8 Weld County Dept. of Public Works, referral received 03/19/01. X
9 Weld County Dept. of Health & Environment, referral received 04/9/01 . X
10 Weld County Building Inspection, referral received 03/12/01. X
11 Weld County Code Enforcement, referral received 03/22/01. X
12 Platte Valley Soil Conservation District, referral received 03/30/01. X
13 Referral List, Letter and Referrals without Comments, X
14 Deed(s)/Certificate of Conveyance X
15 Surrounding Property/Mineral Owners X
16 Soil Survey X
17 Utilities X
18 Exhibits X
Item(s)submitted at Planning Commission:
I hereby certify that the ay (fl 4- )items identified herein(Inventory of Items for Consideration Case#USR-1323)
were submitted at or prior to the scheduled Planning Commission Hearing. I further certify that these items were
subsequently forwarded to the Weld County Clerk to the Planning Commission's Office. -
Robert Anderson•S Planner
USR- 1323, HOCHMILLER - 9-
g EXxi1BIT 2001-1180
usiz t 13a3
LAND USE APPLICATION
WIDc. SUMMARY SHEET
COLORADO
Case #: USR-1323 Hearing Date: April 17, 2001
Applicant: John Hochmiller Planner: R. Anderson
Address: 19640 WCR 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 N2/N2/SE4, SEC 32, T3N, R65W, 6TH PM, WELD COUNTY, CO
Description:
Location: W/ADJ WCR 41 & % MILES WCR 28
Parcel Size: 59.5 +/- Acres Parcel #: 1213 52 000 021
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Chapter 23, Article II, Division
4, Section 23-2-260 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following
agencies:
• Weld County Department of Public Works, referral received 03/19/01.
• Weld County Department of Public Health and Environment, referral received 04/09/01.
• Weld County Department of Building Inspection, referral received 03/12/01.
• Weld County Code Compliance, referral received 03/22/01.
• Weld County Sheriffs Office, referral received 03/16/01.
• Colorado Division of Water Resources, referral received 03/15/01.
• Colorado Division of Wildlife, referral received 03/12/01.
• Platteville Fire Protection District, no referral received.
• Platte Valley Soil Conservation District, referral received 03/30/01.
USR- 1323, HOCHMILLER - 1- EXHIBIT
2
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Case #: USR-1323 Hearing Date: April 17, 2001
Applicant: John Hochmiller Planner: R. Anderson
Address: 19640 WCR 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 N2/N2/SE4, SEC 32, T3N, R65W, 6T" PM, WELD COUNTY, CO
Description:
Location: W/ADJ WCR 41 & 'A MILES WCR 28
Parcel Size: 59.5 +/-Acres Parcel #: 1213 52 000 021
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 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
USR- 1323, HOCHMILLER - 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 adjacent facility 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 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--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)
USR- 1323, HOCHMILLER - 3-
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. (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.B -- 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.
USR- 1323, HOCHMILLER - 4-
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)
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
USR- 1323, HOCHMILLER - 5-
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 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.
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)
USR- 1323, HOCHMILLER - 6-
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).
USR- 1323, HOCHMILLER - 7-
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.
USR- 1323, HOCHMILLER - 8-
DEPARTMENT OF PLANNING SERVICES
WE`D�• PHONE (970) FAX (91 , EXT.3540
FAX (970) 304-04-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
March 5, 2001
Bonnie Rogers
3894 Olive St
Dew, CO 80207
Subject: USR-1323- Request for a Site Specific Development Plan and Special Review Permit for a
business permitted as a Use by Special Review in the 1-3 (Industrial)Zone District on a parcel
of land described as N2/N2/SE4 of Section 32,Township 3 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
Dear Ms. Rogers:
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 April 17,2001, 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,
f C t
Robert Anderson
Planner
EXHIBIT
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EXHIBIT
FIELD CHECK
CASE NUMBER: USR-1323 DATE OF INSPECTION: )3 )O(
APPLICANTS NAME: John Hochmiller
PLANNER: Robert Anderson
REQUEST: Site Specific Development Plan and Special Review Permit for a business permitted as a Use
by Special Review in the 1-3 (Industrial)Zone District.
LEGAL DESCRIPTION: N2/N2/SE4 of Section 32, Township 3 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to WCR 41.5 and % mile south of WCR 28.
LAND USE:
c ;I,
E
ZONING: N A(Agricultural)
E A(Agricultural)
S A (Agricultural)
W A(Agricultural)
COMMENTS:
P.C. Member Caertle-
EXHIBIT
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COLORADO
APPLICANT: JOHN HOCHMILLER CASE#: USR-1323
LEGAL: N2/N2/SE4, SEC 32,T3N, R65W, 6TH PM,WELD COUNTY, CO
LOCATION: 1/2 MILE SOUTH WCR 28 &WEST/ADJACENT WCR 41
ZONING LAND USE
N AG N PATINA OIL&GAS, 1/2 MILE NE DAIRY
E AG E AG
S AG S TIRE MOUNTAIN
W AG W AG
COMMENTS:
SITE IS READILY VISIBLE FROM PUBLIC
RIGHT-OF-WAY
SEE ATTACHED PHOTOGRAPHS
-PLANNER: INSPECTION DATE: 03-15-01
Robert Anderson
EXHIBIT
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