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Home My WebLink About20011520.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant HCCPLLC Case Number USR-1328 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Planning Commission Sign Posting Certificate X 4 Letter requesting Pre-advertisement X 5 Memo requesting continuance of Planning Commission hearing X 6 Letter to Applicant X 7 Department of Planning Services field check form X 8 Legal Notifications(2 pages) X 9 Application (6 pages) X 10 Referral list X 11 West Greeley Soil Conservation District referral dated 03/28/01 X 12 Colorado Division of Wildlife referral received 04/10/01 X 13 Ault Town Board of Trustees referral received 04/16/01 X 14 Pierce Planning referral received 03/28/01 X 15 Weld County Code Compliance referral received 04/25/01 X 16 Weld County Building Inspection referral received 03/28/01 X 17 Weld County Public Works referral received 04/10/01 (3 pages) X 18 Weld County Department of Public Health and Environment X referral received 04/19/01 19 Colorado Department of Transportation referral received X 04/10/01 20 8 1/s'X 11" maps(5 pages) X 21 Certificate of Conveyance and Title Commitment(4 pages) X 22 Surrounding Property Owners (5 pages) X 23 Letter from North Weld County Water District X 24 Septic Permit X 25 Soil Survey X 26 X g EXflISIT 2001-1520 H use!32? 27 X 28 X 29 X 30 X 25 Items submitted at planning commission I hereby certify that the 25 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. Julie A. Chester*Planner III Page 1 LAND USE COLORADO APPLICATION SUMMARY SHEET COLORADO Case Number USR-1328 Hearing Date: May 15, 2001 Applicant: HCCPLLC 4132 Vista Lake Drive Ft. Collins, CO 80524 Request: A Site Specific Development Plan and a Special Review Permit for a use permitted as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts (Construction Maintenance Shop, Equipment Storage, Warehouse and Outdoor Storage) in the A(Agricultural)Zone District es. Legal Description: Lot A and B of RE-2569, being part of the SW4 of Section 9, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to Colorado State Highway 14 and east of and adjacent to Weld County Road 29 Size of Parcel: 6 +1- 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: • West Greeley Soil Conservation District, dated March 28, 2001 • Colorado Division of Wildlife, referral received April 10, 2001 • Ault Town Board of Trustees, referral received April 16, 2001 • Town of Pierce Planning, referral received March 28, 2001 • Weld County Building Inspections, referral received March 28, 2001 • Weld County Department of Public Works, referral received April 10, 2001 • Weld County Department of Public Health and Environment,referral received April 19,2001 • Colorado Department of Transportation, referral received April 10, 2001 ECM: Page 2 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Julie A. Chester Case Number: USR-1328 Hearing Date: May 15, 2001 Applicant: HCCPLLC 4132 Vista Lake Drive Ft. Collins, CO 80524 Request: A Site Specific Development Plan and a Special Review Permit for a use permitted as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts (Construction Maintenance Shop, Equipment Storage, Warehouse and Outdoor Storage)in the A(Agricultural)Zone District Legal Description: Lot A and B of RE-2569, being part of the SW4 of Section 9, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to Colorado State Highway 14 and east of and adjacent to Weld County Road 29 Parcel Size: 6 +1- acres Parcel Number: 0707-09-000028 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. A. Goal 2 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. The Development Standards, Conditions of Approval, and Operations Standards will effectively mitigate any adverse impacts to surrounding areas. The property will be served by North Weld County Water District and an Individual Sewage Disposal System. A. Goal 1 also encourages the preservation of prime farmland for agricultural purposes. The property is designated as "prime" on the U.S.D.A. Soils Map. No prime farm ground will be taken out of production, due to the current small size of the parcel. Page 3 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 use permitted as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts as a Use by Special Review in the A (Agricultural) Zone District. Certain Commercial Zone Districts allows for limited storage, as long as the storage is screened or enclosed within a building. The Industrial Zone, in particular the 1-3 Zone District, allows for outside storage. Screening is addressed for both commercial and industrial zone districts through the Performance Standards during a Site Plan Review. The Department of Planning Services' is responsible for determining the amount of screening or landscaping based on compatibility issues. c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding land uses are primarily Agricultural uses. There is a feedlot to the west and Colorado State Highway 14 is to the south. 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 municipal boundaries of the Towns of Pierce and Ault are within three miles of the proposal. Both Towns found no conflicts with their interests. e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. 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. As stated previously, the property is designated as "prime" on the U.S.D.A. Soils Map and is only six acres in size, which does not constitute a parcel as prime farmground. 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 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) Page 4 /" 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) The approved Landscape/Screening Plan. (Department of Planning Services) 2) An total of one hundred (100)feet from the center line of State Highway 14 for right-of-way reservation for full-build out of State Highway 14. (CDOT) 3) The off-street parking area, including the access drive, which shall be surfaced with gravel, asphalt, concrete or an equivalent material. A typical cross section shall be shown on the plat. (Public Works) 4) The approved drainage and any retention area(s). (Public Works) B. The applicant shall apply for an Underground Injection Control (UIC) Class V Injection Well permit through the Environmental Protection Agency (EPA), for the floor drain system that serves the maintenance shop, or provide evidence that the applicant is not subject to the EPA Class V requirements. Written evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) C. The existing metal building 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. Written evidence of such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall submit a waste handling plan,for approval,to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. Written evidence of approval shall be submitted to the 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 (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 telephone number). (Department of Public Health and Environment) E. The applicant shall submit a detailed Landscape/Screening Plan to the Department of Planning Services for review and approval. The plan shall address the maintenance of the landscaping and screening,as well as the replacement of dead, dying or decaying plant materials. (Department of Planning Services) Page 5 F. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses onto Colorado State Highway 14. Please contact Gloria Hice-Idler, CDOT, to verify the access permit or for any additional requirements that may be needed to obtain or upgrade an access permit for the Special Use Permit activity. Written evidence of adequate access shall be submitted to the Department of Planning Services. (Departments of Planning Services, Public Works) G. A storm water drainage report shall be submitted to the Departments of Planning Services and Public Works for review and approval. The report shall be prepared by a Registered Professional Engineer, licensed in the State of Colorado. The report shall be prepared, certified, and signed by such engineer. Written evidence of approval shall be submitted to the Department of Planning Services. (Public Works) H. The applicant shall clear with the Weld County Traffic Engineer, that there is adequate sight distance at a stop condition, and the line of sight to the east has not been obstructed by the storage rental units. Weld County Public Works Department utilizes the AASHTO (Green Block) to verify the corner intersection sight distance along with the speed limit to determine that there is adequate sight distance at this location. Written evidence of approval shall be submitted to the Department of Planning Services. (Public Works) The applicant shall enter into an Improvements Agreement according to Weld i-. County policy regarding collateral for improvements and post adequate collateral for parking and landscaping/screening 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) 4. Prior to operation: A. The applicant shall apply for and have approved the appropriate building permits for all new construction and shall obtain a building permit for a change in occupancy for the existing structure. (Weld County Building Inspection) B. An Individual Sewage Disposal System(I.S.D.S.)is required for the proposed office building and shall be installed according 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. If the septic system is located in the flood plain, the installation of the septic system shall comply with the Weld County I.S.D.S. flood plain policy. (Department of Public Health and Environment) 5. 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 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HCCPLLC USR-1328 1. The Site Specific Development Plan and Special Use Permit is for a use permitted as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts (Construction Maintenance Shop, Equipment Storage, Warehouse and Outdoor Storage) 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 hours of operation are from 6:00 a.m. to 7:00 p.m., seven days a week, as indicated in the application materials. (Department of Planning Services) 4. All proposed or existing structures will or do meet the minimum setback and offset requirements for the Agricultural Zone District. (Department of Planning Services) 5. Any lighting used to illuminate the storage area,outside activity area,sign or other structure shall be arranged as to deflect light away from any adjoining residential uses and from public road rights-of-way. Any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. (Department of Planning Services) 6. The enclosed storage buildings shall meet all building and fire codes. (Department of Planning Services) 7. The storage buildings shall be painted with an earth-tone color, approved by the Weld County Department of Planning Services, to blend into landscaping of the area. The structures must be kept in good repair at all times. (Department of Planning Services) 8. All items within the storage unit area must be stored within the structures at all times. All other outside storage shall be screened from adjacent properties and public road rights-of- way, at all times. (Department of Planning Services) 9. A trash receptacle must be provided for the public and must be screened from all adjacent properties and public rights-of-way. (Department of Planning Services) 10. Any proposed signage shall require appropriate building permits and be constructed in accordance with Article IV, Division II, Section 23-4-90 of the Weld County Code. (Department of Planning Services) I"� Page 7 11. The property shall, at no time, store any derelict vehicles or have on the premise a non- commercial junkyard, as defined in Section 23-1-90 of the Weld County Code. (Department of Planning Services) 12. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-101, C.R.S.)shall be stored and removed for final disposal in a manner that protects surface and groundwater contamination. (Department of Public Health and Environment) 13. 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. (Department of Public Health and Environment) 14. 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) 15. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 17. Adequate hand washing and toilet facilities shall be provided for employees and the public. The public shall be allowed to utilize the toilet facilities located in the residence. (Department of Public Health and Environment) 18. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. (Department of Public Health and Environment) 19. If applicable, the operator 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) 20. The facility shall utilize the existing public water supply(North Weld County Water District). (Department of Public Health and Environment) 21. The landscaping and screening on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 22. The access drive shall be surfaced with gravel, asphalt, concrete or an equivalent material. (Department of Public Works) 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. Page 8 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. P-• _PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN 1S: 4fi'( 5 , 19-2. 1 . THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- THE SIGN WAS POSTED BY: tM eKot-'E NAME OF PERSON POSTING SIGN SIGNAT FOR PERSON POSTING SIGN STATE OF COLORADO) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS r DAY OF £ dA NOTARY PUBLIC MY COMMISSION EXPIRES: 14125p4 THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. EXHIBIT 3 HydRO CONSTRUCTION Co., INC. • • 383 WEST DRAkE Rd, SUITE 201 Wel FORT Collins, CO. 80526 (970) 225-2211 Fax: (970) 225.2991 we'd Coutypiw 4/23/2001 :; 2 �0BDe Pt. Weld County Colorado E:CF 52001 Department of Planning Services '1 . Attn: Julie Chester V�D 1555 N. 17Th Avenue Greely, Colorado 80631 Subject: Request for pre-advertisement with the board of County Commissioners on a parcel of land described as Lot A&B of RE-2569, beingzart of the SW4 of Section 9, Township 9 North, Range 66 West of the 6 P.M. Weld County, Colorado. Dear Ms. Chester: I am writing this letter to request a pre-advertisement with the Weld County Board of ,.. County Commissioners. We have an immediate need to utilize the special review permit For the above referenced property. The construction of water projects in this area is Increasing, therefore, requiring more maintenance space for our company. We would like To request the special review goes before the County Commissioners as soon as possible. I have enclosed $15.00 for this fee. If you have any questions please feel free to call me. Respectfuully, eeetitt (2°1 Rodney Rice Partner,HCC LLP Vice President, Hydro Construction Company, Inc. EXHIBIT MEMORANDUM WITO: Planning Commission DATE: April 23, 2001 COLORADO FROM: Julie Chester, Planner II SUBJECT: Continuance of USR- 328 The Department of Planning Services is requesting the above referenced case be continued until May 15, 2001 due to the non-posting of the sign for notification of the hearing date. The applicant has been contacted and is in agreement with the continuance. Thank you for your consideration in this matter. r SERVICE,TEAMWORK,INTEGRITY,QUALITY EXHIBIT I S tsbe ^ (iv DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 ' FAX (970)304-6498 1555 N. 17TH AVENUE W11ge GREELEY, COLORADO 8 631 COLORADO March 20, 2001 HCCPLLC Attn: Rodney Rice 4132 Vista Lake Dr Ft. Collins, CO 80524 Subject: USR-1328- Request for a Site Specific Development Plan and Special Review Permit for a business permitted as a use by right or accessory use in the Commercial or Industrial Zone District(Construction Maintenance Shop,Equipment Storage,Warehouse and Outdoor Storage)in the A(Agricultural)Zone District on a parcel of land described as Lot A & B of RE-2569, being part of the SW4 of Section 9, Township 9 North, Range 66 West of the 6th P.M., Weld County, Colorado. Dear Mr. Rice: 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 May 1, 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. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ault and Pierce Planning Commissions for their review and comments. Please call the Town of Ault at 970-834-2844 and the Town of Pierce at 970-834-2851 for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Ault and Pierce Planning Commission meetings to answer any questions the Commission members may have with respect to your application. 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 Julie Chest r EXHIBIT Planner ' to FIELD CHECK inspection date: May 8, 2001 CASE NUMBER: USR-1328 APPLICANT: HCCPLLC LEGAL DESCRIPTION: Lots A and B of RE-2569, pt of the SW4 of Section 9, T7N, R66W of the 6`h P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 29, north of and adjacent to State Highway 14 Zoning Land Use N A(Agricultural) N Residence approximately '/ mile, Ag pasture E A (Agricultural) E Ag, a few residences S A(Agricultural) S Plowed field W A (Agricultural) W Feedlot, to the SW is a sheep feedlot (large) COMMENTS: • On Site: Existing steel building, two outbuildings, two houses and an alfalfa field, large di ch to east (not adjacent) Julie A. Chester, Current Planner EXHIBIT I .- FIELD CHECK inspection date: May 8, 2001 CASE NUMBER: USR-1328 APPLICANT: HCCPLLC LEGAL DESCRIPTION: Lots A and B of RE-2569, pt of the SW4 of Section 9, T7N, R66W of the 6`s P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 29, north of and adjacent to State Highway 14 Zoning Land Use N A(Agricultural) N Residence approximately '/ mile, Ag pasture E A(Agricultural) E Ag, a few residences r S A(Agricultural) S Plowed field W A(Agricultural) W Feedlot, to the SW is a sheep feedlot (large) COMMENTS: • On Site: Existing steel building, two outbuildings, two houses and an alfalfa field, large di ch.to east (not adjacent)__ , i(2 r//X iiit <7 ( 7E- ii Julie A. Chester, Current Planner , 1324 Hello