HomeMy WebLinkAbout20010883 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: Sheri Lockman
CASE NUMBER: USR-1315
APPLICANT: Henry J. Rickers
ADDRESS: 2425 1-25 Frontage Road
Erie, CO 80516
REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted
as a use by right or accessory use in the Commercial Zone District(Landscaping Materials
Yard) in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Part of the N2 SE4 of Section 22, -11 N, R68W of the 6th P.M., Weld
County, Colorado
LOCATION: West of and adjacent to Interstate 25; 1/4 mile north of Weld County Road 6
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.
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 accessory use in the Commercial Zone District as a Use by
Special Review in the A(Agricultural)Zone District. Section 23-3-220.B.2 allows for stores
and shops which furnish services and merchandise at retail to the general public as a use
allowed by right in the C-2(Commercial)Zone District. Section 23-3-240 allows for outdoor
storage areas as an accessory use in the C-4 (Commercial)Zone District.
c. Section 23-2-220.A.3--The use which will be permitted will be compatible with the existing
surrounding land uses. The homes in close proximity are owned by the applicant and his
family. Surrounding properties on the west side of Interstate 25 are agricultural in nature.
Directly south of the site is Baker Subdivision. Conditions of Approval, and Development
Standards ensure that sufficient screening will mitigate any negative impacts the proposed
use could bring about.
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
i 2. EXHIBIT
2001-0883
I
USK#136
RESOLUTION, USR-1315
Henry Rickers
Page 2
municipalities. The site is directly west of the City of Broomfield and surrounded on the
west, north and south by the Town of Erie. Neither the City of Broomfield or the Town of
Erie responded to referral requests, indicating a favorable response. The site is within the
three mile referral area of the City of Dacono. The City of Dacono indicated no conflicts
exist with their interests. Outside storage of materials in a Commercial Zone District is
required to be screened from public rights-of-way and adjacent properties.Although the site
is zoned Agricultural, Planning Staff has determined that adequate screening will be
necessary to ensure compatibility with future uses.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. Effective December 1, 1999, Building Permits issued on the lot will be required to
adhere to the fee structure of the Southwest Weld Road Impact Program Area 2. The site
lies within an area designated as having severe geological hazards. Development
Standards include the requirement that a Geological Hazard Development Permit shall be
obtained prior to the release of building permits.
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.Although the proposed site
is designated "Prime" by the USDA Soil Conservation Services, the site is of limited
agricultural value. The small size, location of Little Dry Creek, and uneven terrain all limit
the productiveness of the site.
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 plat shall be amended to delineate the following:
1) Only one identification sign per principal use is allowed in the Agricultural Zone
District.The plat shall be amended to show only one sign.(Department of Planning
Services)
2) South of Little Dry Creek, the plat identifies areas for future heavy equipment and
truck sales and future turf farm and nursery. No information was included in the
application regarding these uses, therefore, the applicant has agreed to delete
these references. (Department of Planning Services)
RESOLUTION, USR-1315
Henry Rickers
Page 3
3) The proposed location of the trash dumpster and appropriate screening from
adjacent properties and rights-of-way. (Department of Planning Services)
4) The applicant shall place on the plat a circulation pattern throughout the facility that
will accommodate two-way traffic and adequate turning radii,loading and unloading
areas to accommodate semi tractor/trailers. Evidence of Department of Public
Works approval shall be submitted to the Department of Planning Services.
(Department of Public Works)
B. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application must be
submitted to the Colorado Department of Health and Environment, Air Pollution Control
Division, for emissions of criteria, hazardous or odorous air pollutants. Sources of such
emissions include but are not limited to the following: sandblasting operations, mining,
spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators.
(Department of Public Health and Environment)
C. A Dust Abatement Plan shall be submitted 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. (Department of Public
Health and Environment)
D. The existing septic system(Permit#G-930223)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. In
the event the system(s) is found to be inadequate, the system(s) must be brought into
compliance with current I.S.D.S. Regulations. The review shall be submitted to the Weld
County Department of Public Health and Environment. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
E. The applicant shall submit a letter requesting the vacation of Use by Special Review Permit
1006 (USR-1006)for a golf driving range. (Department of Planning Services)
F. A detailed Landscape 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 also address maintenance of the
landscaping materials and potential replacement of dying materials. The approved plan
shall be delineated on the plat map. (Department of Planning Services)
G. The Colorado Department of Transportation (CDOT) has jurisdiction over access to 1-25
Frontage Road. The applicant shall contact CDOT to verify the access permit or for any
additional requirements that may be needed to obtain or upgrade an access permit.
Evidence of CDOT approval shall be submitted to the Department of Planning Services.
(Department of Planning Services)
H. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for landscaping, parking lot and
approach road requirements. The agreement and form of collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners prior to recording the
plat. (Department of Planning Services)
RESOLUTION, USR-1315
Henry Rickers
Page 4
The applicant shall submit written evidence from the Weld County Building Inspection
Department indicating that the existing building meets all Building Code criteria.
(Department of Building Inspection)
J. The site slopes to the southwest into Little Dry Creek. Any run-off from this site shall be
retained and released at a historical flow as not to impact any downstream property owners.
The applicant shall provide a written statement on how the storm water drainage will be
handled and disbursed on the site. (Department of Public Works)
3. Prior to construction of any new buildings:
A. The applicant shall submit construction plans to the Mountain View Fire Protection District.
(Mountain View Fire Protection District)
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 Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Arlan Marrs
Michael Miller Bryant Gimlin
Jack Epple
John Folsom
Fred Walker
Stephen Mokray
Cathy Clamp
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 6th of March, 2001.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Henry J. Rickers
USR-1315
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a use
by right or accessory use in the Commercial Zone District (Landscaping Materials Yard) 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. (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 Industrial, Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
8. Adequate toilet facilities shall be provided for the employees and customers. (Department of Public
Health and Environment)
9. An I.S.D.S is required for the proposed residence and shall be installed according to the Weld
County I.S.D.S. Regulations. (Department of Public Health and Environment)
10. All future shops with restrooms shall install an Individual Sewage Disposal System. The septic
system 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)
11. The existing septic system(Permit#G-930223)shall be utilized for the 30'x 40'office. (Department
of Public Health and Environment)
12. The facility shall utilize the existing municipal sewage treatment system when it becomes available
to this site. (Department of Public Health and Environment)
13. The applicant shall remove,handle,and stockpile overburden,soil,sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
14. The facility shall utilize the existing public water supply (Left Hand Water District). (Department of
Public Health and Environment)
15. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program area 2. (Department of Planning Services)
16. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
17. All signs shall adhere to Section 23-4-90 of the Weld County Code and shall require Building
permits. (Department of Planning Services)
18. A Geological Hazard Development Permit shall be obtained prior to the release of building permits.
(Department of Planning Services)
19. The applicant shall submit construction plans to the Mountain View Fire Protection District for review
and approval prior to the release of building permits. (Mountain View Fire Protection District)
20. The access road and approach radii shall be capable of accommodating two-way traffic and large
truck traffic, which will supply products to the facility. A minimum width of 24 feet with a 40-foot
radius shall be required. (Department of Public Works)
21. The off-street parking spaces including the access drive shall be surfaced with gravel, asphalt,
concrete, or equivalent, and shall be graded to prevent drainage problems. (Department of Public
Works)
22. All Signs will require building permits and shall comply with Chapter 23, Article IV, Division II of the
Weld County Code.
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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