HomeMy WebLinkAbout20011519.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker that the following resolution be introduced for approval with amended attached
Conditions of Approval and Development Standards by the Weld County Planning Commission. Be it
resolved by the Weld County Planning Commission that the application for:
PLANNER: Julie A. Chester
CASE NUMBER: USR-1328
APPLICANT: HCC, LLC 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)limiting the Commercial/Industrial uses to Uses by Right in the C-3/l-1
Zone District relating directly to the construction and/or storage uses in the A(Agriculture)
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
The Planning Commission 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.
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 screenin•
or landscaping based on compatibility issues.
in,T
2001-1519
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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 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) 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)
RESOLUTION, USR 1328
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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 fist 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)
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)
RESOLUTION, USR 1328
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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 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)
Motion seconded by Stephen Mokray
VOTE:
For Passage Against Passage Absent
Cristie Nickles
Fred Walker John Folsom
Arlan Marrs Bryant Gimlin
Michael Miller
Cathy Clamp
Jack Epple
Stephen Mokray
The Vice 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.
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CERTIFICATION OF COPY
I,Vicki Hamilton,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, May 15, 2001.
Dated the 15th of Ma , 2001.
1 /
Viki Hamilton
Secretary
r•
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HCC LLC
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, limiting the Commercial/Industrial uses to Uses by Right in the C-3/I-1
Zone District relating directly to the construction and/or storage uses 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)
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.
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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 3
public utility. The tower just has to fit within the Federal Telecommunications Act. Mr.Morrison also stated
the user will be a utility carrier and the applicant had suggested that the plat not be recorded until the
carrier(s)was identified.
Mr. Walker stated that the sixty-foot setback may be a problem. Mr. Walker asked if the tower could be
moved so it would not be so dose to the road. Ms.Clamp also asked Mr.Anderson if there were any other
structures on the parcel that would prevent the lattice pole to be moved to another location. Mr.Anderson
stated that there are no other structures on the parcel.
Rodney Wolfe,property owner stated his name and address for the record. Mr.Miller asked if the relocation
of the tower on his property would be a problem. Mr.Wolfe stated"no"there was no problem however,the
railroad tracks are close by.
Stephen Mokray asked the owner how the railroad tracks would be affected if the tower was moved to the
east. Mr.Wolfe stated that if the tower is going to tip, it will either be on the railroad tracks or on the road.
Mr.Wolfe stated again that the tower can be moved to a different location if need be.
Ms.Wade suggested that the leased area is 100 feet by 100 feet. The tower could be moved fifty(50)feet
to the east without creating new studies from the FCC, FAA,soils and be within their limits and better meet
the Planning Commissions requirements.
Mr. Miller asked the applicant if they were in agreement of the Development Standards and Conditions of
fa, Approval. The applicant stated they were in agreement.
Mr.Mokray moved that Case USR-1321 be forwarded to the Board of County Commissioners with the name
change from"monopole"to"lattice pole"along with the Conditions of Approval and Development Standards
Man Marrs seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,absent; Man Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Jack Epple,yes; Bryant Gimlin,
absent; Cathy Clamp, yes; Cristie Nickles, absent; Fred Walker,no. Motion passed five to one.
3. CASE NUMBER: USR-1328(Continued from May1, 2001)
PLANNER: Julie Chester
APPLICANT: HCC, LLC
LEGAL DESCRIPTION: Lot A 8 B of RE-2569, being part of the SW4 of Section 9,
Township 9 North, Range 66 West of the 6"P.M., Weld
County,Colorado
REQUEST: 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.
LOCATION: North of and adjacent to State Highway 14 and east of and adjacent to
WCR 29.
Julie Chester,Planner presented Case USR-1328 and read the Department of Planning Services comments
and Recommendations of Approval into the record. Ms. Chester also made additions to Development
Standard 1 on page 6 stating that The Site Specific Development Plan and Special Use Pen-nit is for a use
permitted as a Use by Right,an Accessory Use or a Use by Special Review in the Commercial or Industrial F yQ
Zone Districts(Construction Maintenance Shop, Equipment Storage,Warehouse and Outdoor Storage)in m rm!
the A(Agricultural)Zone District,limiting the Commercial/Industrial uses to Uses by Right in the C-all-i Zone =
JN-
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
PAGE 4
District relating directly to the construction and/or storage uses as indicated In the application materials on
file and subject to the Development Standards stated hereon?
Commissioner Walker asked Ms.Chester If there have been any code violations or environmental concerns
on the property. Ms.Chester stated there are none on record. Ms.Chester stated on May 8,2001 the field
inspection showed minor areas of concern that appeared to be in the stages of clean up.
Mr. Miller stated he did a field check there today and there was no significant debris.
Rodney Rice, HCC,LLP,applicant stated his name and address for the record. Mr.Rice stated that an El
test was done on the property and the property did pass.
Ms.Clamp stated the warranty deed received by the commissioners was in the name of HCC,LLP but it was
undated. Mr.Rice stated that they were the owners now and the deed was transferred in March of this year.
Mr.Miller asked the applicant what type of construction equipment is perceived to be stored. Mr.Rice stated
that water and wastewater contracting equipment, a crane, and an excavator would be stored at the
maintenance facility. Mr. Rice did state,that most equipment would be at the job site,and those jobs could
last from six (6) months to five (5)years. Mr. Rice also stated that equipment stored more than a month
most likely is not functioning and would be removed.
Mr.Miller asked if the facility would be rented to other facilities. Mr.Rice stated that the facility would include
a construction firm and an office building. The parcel to the west would possibly be used for RV and trailer
storage in the future.
Mr.Miller asked Ms.Chester how the Development Standard stating that no derelict vehicles be allowed to
be stored on site was determined. Mr. Miller stated that is fairly easy to determine if a car is derelict,
however construction equipment is a different matter. Mr. Miller asked how a derelict construction vehicle
is determined. Ms.Chester slated that farm equipment is similar to the construction vehicles and if they are
in a state of disrepair and cannot be driven then they would be considered derelict.
Mr.Miller asked Ms.Chester if the screening plan was based on RV's or the construction equipment which
is considerably taller than RV's. Ms.Chester responded that the screening plan has not been approved yet.
She also stated that one of the Conditions of Approval requires that the applicant submit a screening and
landscaping plan which will be addressed and approved by the Planning Services Department. Ms.Chester
stated the general idea of the screening plan is not to attempt to screen the cranes and extremely tall
equipment but mitigate the impact from the surrounding area and public rights-of-way. Mr.Miller stated that
the screening would work hand in hand with the Development Standard#1 change.
The Vice Chair opened the meeting to public comment. There was no public comment.
Mr.Miller asked the applicant if he was in agreement with the Conditions of Approval and the Development
Standards along with the additional language. Mr. Rice stated at this time, he was in agreement.
Mr. Walker moved to forward Case USR-1328 together with the amended Development Standards and
Conditions of Approval to the Board of County Commissioner with their recommendation of approval.
•
Mr. Mokray seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom,absent; Arlan Marrs,yes; Stephan Mokray,yes; Michael Miller,yes;Jack Epple,yes; Bryant Gimlin,
absent;Cathy Clamp,yes; Cristie Nickles, absent; Fred Walker,yes. Motion passed unanimously.
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