HomeMy WebLinkAbout20012375 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller that the following resolution,with the changes to Development Standards#11 and
#21, the addition of Development Standard #20, with subsequent renumbering, and the correction to
Condition of Approval #2.H.1., be introduced for passage by the Weld County Planning Commission. Be
it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1332
PLANNER: Robert Anderson
APPLICANT: Philip and Bonnie Johnson, 5019 WCR 35, Fort Lupton, CO 80621
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 or Industrial Zone District(Parking
of Vehicles and Equipment and Repair Shop) in the A (Agricultural)Zone District
LEGAL: Lot B of RE 1949; being part of the SE4 of Section 2, Ti N, R66W of the 6th P.M.,
Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 12 and west of and adjacent to Weld County
Road 35.
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"Prime
if Irrigated"and"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 23-3-320 of the Weld County Code provides for a parking areas or
structures permitted as a use by right or accessory Use in the Commercial or Industrial
Zone District as a Use by Special Review in the A(Agricultural)Zone District.Section 23-3-
320.C.3 allows for parking areas or structures for vehicles or equipment.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed parking area 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.
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 conflict with their interests. 11. EXHIBIT
2001-2375
LCSK
RESOLUTION, USR-1332
Phillip and Bonnie Johnson
Page 2
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 "Prime if Irrigated" and "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 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 to the Department of Planning Services
that the applicant is not subject to the EPA Class V requirements. (Department of Public
Health and Environment)
B. The existing septic system serving the residence 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)
C. The applicant shall apply for a permit from the State Engineers office for the existing
domestic well to ensure that it is registered for both commercial and residential uses and
shall submit evidence to the Department of Planning Services 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 waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment.
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 (this should include
expected volumes and types of waste generated). (Department of Public Health
and Environment)
RESOLUTION, USR-1332
Phillip and Bonnie Johnson
Page 3
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)
E. The applicant shall contact the Natural Resources Conservation Service (NRCS) for
assistance with the proposed landscape plan, specific to native tree and grass species for
on-site wind protection, soil erosion and buffering. The applicant shall submit a revised
landscape and buffering plan in accordance with the NRCS recommendations to the
Department of Planning Services for review and approval. (Dept. of Planning Services,
Platte Valley Soil Conservation District)
F. 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
adequately screen 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)
G. The applicant shall contact Ron Broda,Vegetation Weed Management Specialist with the
Weld County Department of Public Works at(970)356-4000, Extension 3770 to develop
a weed management plan. The applicant shall submit evidence that an approved weed
management plan is in place to the Department of Planning Services. (Dept. of Planning
Services)
H. The plat shall be amended to include:
1. Weld County Road 35 is designated on the Weld County Transportation Plan Map
as a local paved road,which requires sixty(60)feet of right-of-way at full build out.
There is presently sixty(60)feet of right-of-way. A total of thirty(30)feet from the
centerline of Weld County Road 35 shall be delineated right-of-way on the plat.
Weld county Road 35 was upgraded and paved through an Improvement District
with Buffalo Ridge Subdivision and the County in 2000. This road is maintained by
Weld County. (Department of Public Works)
2. Weld County Road 12 is designated on the Weld County Transportation Plan Map
as a local gravel road,which requires sixty(60)feet of right-of-way at full build out.
There is presently sixty (60)feet of right-of-way. A total of thirty(30)feet from the
centerline of Weld County Road 12 shall be delineated right-of-way on the plat.
This road is maintained by Weld County. (Department of Public Works)
3. 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)
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)
RESOLUTION, USR-1332
Phillip and Bonnie Johnson
Page 4
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 Bryant Gimlin.
VOTE:
For Passage Against Passage
Cristie Nicklas
Michael Miller
Arlan Marrs
Bryant Gimlin
Jack Epple
John Folsom
Fred Walker
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,Wendi Inloes, 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 July 17, 2001.
Dated the 17th o my 2001.
Wendi Inloes
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Philip and Bonnie Johnson
USR-1332
1. A Site Specific Development Plan and a Special Review Permit for parking areas or structures
permitted as a use by right or Accessory Use in the Commercial or Industrial Zone District(Parking
of Vehicles and Equipment, 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. 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.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)
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 Commercial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
8. Adequate toilet and hand washing facilities shall be provided for employees. (Department of Public
Health and Environment)
9. A Weld County Individual Sewage Disposal System (I.S.D.S.) is required for the proposed shop
restroom.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)
10. The facility shall utilize well water. (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)
12. The facility shall dispose all wastes in accordance with the approved waste handling plan.
(Department of Public Health and Environment)
13. 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)
14. The access lane shall be graded and drained to provide an all-weather access to the facility.
(Department of Public Works)
15. 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)
16. Off-street parking spaces, including the access drive, shall be surfaced with gravel, asphalt,
concrete,or the equivalent and shall be graded to prevent drainage problems.(Department of Public
Works)
17. All maintenance of trucks shall be performed within the shop. (Department of Planning Services)
18. The number of semi trucks and trailers on the site shall be limited to ten (10). (Department of
Planning Services)
19. The site shall maintain compliance with the approved Landscape Plan. (Department of Planning
Services)
20. The hours of operation shall be 7:00 am to 7:00 pm, Monday through Saturday. Hours of operation
may be extended with specific permission from the Weld County Board of County Commissioners.
(Dept. of Planning Services)
21. Storage and parking of semi trucks on the lot shall be limited to those operated or owned by the
applicant. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
24. 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.
25. 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.
26. 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.
7
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 17, 2001
Page 8
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Jack Epple asked how much of a burden the new regulations put on the applicant, as they do not need to
put more burden on the applicant. Bruce Barker said that the process is not substantially different as it is
a similar process, with the exception of it now being a recommendation to the Board of County
Commissioners.
Arlan Marrs moved that the 1041 Regulations be forwarded to the Board of County Commissioners along
with recommendation of acceptance. Jack Epple seconded the motion.
Arlan Marrs commented that the need for the consultant needs to be looked at further. Cristie Nicklas
agreed with the Mr. Marrs.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Jack Epple, yes; Bryant Gimlin, yes; Michael Miller, yes; Cristie Nicklas,
yes. Motion carried unanimously.
--- CASE NUMBER: USR-1332
APPLICANT: Phillip and Bonnie Johnson
PLANNER: Robert Anderson
REQUEST: Site Specific Development Plan and Special Review Permit for a business permitted as a
Use by Right in the Industrial Zone District (Parking of vehicles and equipment) in the
Agricultural Zone District.
LEGAL DESCRIPTION: Lot B of RE-1949, being part of the SE4 of Section 2, T1 N, R66W of the
6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to WCR 12;west of and adjacent to WCR 35.
Robert Anderson, Department of Planning Services, presented Case USR-1332, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of this application along with the Conditions of Approval and Development Standards.
John Folsom asked if it is necessary for hours of operation to be included. Mr.Anderson said this was left
out and would like to add Development Standard #20 to say: The hours of operation shall be Monday
through Saturday 7:00 a.m. to 7:00 p.m.
John Folsom asked if there are any other approvals required for the two semi-trailers currently being used
for storage. Robert Anderson said that the USR permit covers these trailers.
Fred Walker asked about the limited number of six tractor/trailers, and how are these considered. Robert
Anderson explained that a tractor/trailer is considered a single unit,and the applicant is now asking for this
number to be ten.
Char Davis,Department of Environmental Health,asked about Development Standard#3,and wasn't sure
where this came from. Robert Anderson explained that this could be removed with renumbering. Ms.Davis
also asked about Development Standard#11, and asked for clarification on this standard regarding septic,
as it is covered in Condition#26. Mr. Anderson said he would refer this to the applicant.
Don Carroll,Public Works,asked that Condition#H1 referring to WCR 34, would like to change this to refer
to WCR 35.
Michael Miller asked about the number of units on site and are the existing two going to be considere a oart
of the total units. Robert Anderson stated that they would be considered part of the total units. EXHIBIT
eiSe /33.z
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
July 17, 2001
Page 9
Bryant Gimlin asked what type of floor drain is being proposed that would require a UIC Class 5 injection
permit. Char Davis explained that this is not a requirement, but would need to contact the EPA if required,
and should say if applicable.
Phil Johnson,applicant,said he would like a total of 10 trucks on site. Cristie Nicklas asked about the septic
system and if there was going to be an additional need for bathroom facilities. Mr.Johnson explained that
there is a restroom in the basement in the home the employees currently use,and that they may want to add
one in the shop in the future if they expand. Char Davis asked if the shop is within 200 feet of residence,
that using the existing bathroom is acceptable as long as they get an evaluation. Michael Miller suggested
leaving Development Standard#11 in for any future expansion. Ms. Davis agreed to this.
Michael Miller asked what type of trucks are being used and how many are currently running. Mr.Johnson
said they are flat bed and heavy equipment, and are running five trucks currently. Mr. Johnson added that
he has removed one of the storage trailers.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked Mr. Johnson if he was in agreement with Conditions of Approval and Development
Standards. Phil Johnson said he was in agreement.
Fred Walker suggested changing the first sentence to Development Standard#11. Char Davis suggested
changing the language to say future proposed shop/restroom. Mr. Johnson was in agreement with the
change.
Michael Miller moved to approve the changes to Development Standards #11, the addition of#20, with
subsequent renumbering, #21 regarding hours of operation, and the correction to Condition of Approval
#2.H.1., and the renumbering of the Development Standards. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller,yes; Jack Epple, yes; Bryant
Gimlin,yes; Cristie Nicklas, yes; Fred Walker, yes. Motion carried unanimously.
Michael Miller moved that Case USR-1332,be forwarded to the Board of County Commissioners along with
the amendments to the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Bryant Gimlin seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller,yes; Jack Epple, yes; Bryant
Gimlin,yes; Cristie Nickles, yes; Fred Walker,yes. Motion carried unanimously.
CASE NUMBER: USR-1338
APPLICANT: Molly A. Elliott
PLANNER: Robert Anderson
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Agricultural Service
Establishment(Farm equipment sales,repair,and installation facility,Grain and feed sales)
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of the SE4 SW4 Section 31, T2N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to State Highway 52 and %Mile East of Weld County Road.
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