HomeMy WebLinkAbout20011532.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for approval with the amended 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: Robert Anderson
CASE NUMBER: USR-1330
APPLICANT: John Zadel
ADDRESS: 4200 WCR#19 Fort Lupton, Colorado 80621
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Business permitted
as an Accessory Use (Excavation Business) in the C-3 (Commercial)Zone District in the
A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A/RE-3051, Part of the South Half of the Southwest
Quarter,Section 10,Township 1 North, Range 67 West of the CH
Prime Meridian, Weld County, Colorado
LOCATION: North of and adjacent Weld County Road 10 & East of and adjacent Weld County
Road 19
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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's Staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code, as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.A.Goal 2 states,"allow commercial and
industrial uses which are directly related to or dependent upon agriculture to locate within
agricultural zoning when the impact to surrounding properties is minimal, and where
adequate services and infrastructure are available."
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 an Accessory Use in the Commercial Zone District as a Use by Special
Review in the A(Agricultural)Zone District.Section 23-3-230.D.2 may be construed to allow
an Excavation Business as an Accessory Use in the C-3 (Commercial)Zone District.
C. Section 23-2-220.A.3—The uses which will be permitted will be compatible with the existing
surrounding land uses.Conditions of Approval and Development Standards will ensure that
any incompatibilities will be mitigated.Surrounding land uses include to the north,east and
west include agricultural use and associated residences and to the south an Oil and Gas
facility.
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
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2001-1532
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RESOLUTION, USR-1330
John Zadel
Page 2
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site does not lie within an Urban Growth Boundary but does lie in the
confines of the Tri-Area Intergovernmental Agreement Area. The site lies within the three
mile referral area of the municipalities of Fort Lupton and Dacono.The City of Fort Lupton
in the referral response dated 4/11/01 found no conflicts with their interests. The City of
Dacono did not respond.
E. Section 23-2-220.A.5 -- The site lies within the boundaries of the Tri-Area
Intergovernmental Agreement(IGA)as defined by Appendix 19-C of the Weld County Code
as well as Area 3 of the Southwest Weld Road Impact Fee Area as defined by Appendix
20-E of the Weld County Code. An IGA Notice of Inquiry was
forwarded to the City of Dacono on March 19, 2001, Planning Services has not received
a response.
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"by the USDA Soil Conservation Services. However, no farm
ground will be taken out of production. The proposed use is to be located on ten(10)acres
of the contiguous land owned by the applicant(Lot A, RE-3051).
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 plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners. (Dept. of
Planning Services)
2. Prior to recording the plat:
A. A detailed Landscape/Screening Plan identifying the number, size and species of
landscape materials, shall be submitted to the Department of Planning Services for review
and approval. The Landscape/Screening Plan shall address maintenance as well as
replacement of the dead or dying landscape materials.The approved Landscape/Screening
Plan shall be delineated on the plat map. (Dept. of Planning Services)
B. Weld County Road 19 is designated on the Southwest Study Area Capacity Improvement
Needs Map as a collector status road,which requires 80 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of Weld
County Road 19 shall be delineated on the plat as right-of-way reservation for future
expansion of Weld County Road 19. This road is maintained by Weld County. (Dept. of
Public Works)
RESOLUTION, USR-1330
John Zadel
Page 3
C. Weld County Road 10 is designated as a section line access road at this location
The applicant shall enter into a Road Maintenance and Improvements agreement
with Weld County for the upgrade and resurfacing of Weld County Road 10 east of
Weld County Road 19 and on site parking with gravel, asphalt, concrete or
equivalent, and it shall be graded to prevent drainage problems. The improvements
shall consist of upgrading and widening Weld County Road 10 east of Weld County
Road 19 through the east access point. The minimum width of the improvement
shall be 26 feet to accommodate two-way traffic and the minimum width shall be eight
inches of aggregate base course. Commercial access road standards require a 40-
foot turning radius. An approved copy of this Road Maintenance and Improvements
agreement with Weld County shall be submitted to the Department of Planning
Services. (Dept. of Public Works)
D. Off-street parking spaces including the access drive shall be surfaced with gravel,asphalt,
concrete, or the equivalent and shall be graded and drained to permit all weather access.
(Dept. of Public Works)
E. The applicant shall submit a Storm Water Drainage Plan to the Department of Public Health
and Environment for review and approval. An approved copy of this plan shall be submitted
to the Department of Planning Services. (Dept. of Public Works)
F. The applicant shall complete the Recorded Exemption Process (RE-3051) currently
pending with the Department of Planning Services. (Dept of Planning Services)
G. In the event the structure(s) is equipped with a floor drain, the applicant must 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
contractor shop, or provide evidence that the applicant is not subject to the EPA Class V
requirements. (Dept. of Public Health and Environment)
H. An Individual Sewage Disposal System is required for the proposed buildings and shall
be installed according to the Weld County I.S.D.S. Regulations. Septic systems are
required to be designed by a Colorado Registered Professional Engineer according to the
Weld County I.S.D.S. Regulations.The installation of septic systems on the proposed site
shall comply with the Weld County I.S.D.S. flood plain policy. (Dept. of Public Health and
Environment)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Planning)
Motion seconded by Stephen Mokray
VOTE:
For Passage Against Passage Absent
Fred Walker Cristie Nicklas
Arlan Marrs John Folsom
Michael Miller Bryant Gimlin
Cathy Clamp
Jack Epple
Stephen Mokray
RESOLUTION, USR-1330
John Zadel
Page 4
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.
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.
Da)ed t e 15`�f May, 20 1.
Vicki Hamilton
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1330, JOHN ZADEL
1. The Site Specific Development Plan and Special Use Permit is for a Business permitted as an
Accessory Use (Excavation Business)in the C-3(Commercial)Zone District in the A(Agricultural)
Zone District,as indicated in the application materials on file in the Department of Planning Services
and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Chapter 23, Article VIII of the
Weld County Code.
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. 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)
8. Adequate toilet and hand washing facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
9. 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)
10. The facility shall utilize the existing public water supply. (Department of Public Health and
Environment, Central Weld County Water District)
11. The applicant must comply with the Waste Handling Plan as submitted on April 19, 2001.
(Department of Public Health and Environment)
12. The landscape/screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
13. There shall be no staging or parking of vehicles or equipment along Weld County Roads 10 or 19.
All parking, loading and off-loading shall be on-site. (Department of Public Works)
14. The access road shall be maintained by the operator to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-weather driving capabilities. (Department
of Public Works)
15. All construction on the property shall be in accordance with the Weld County Building Code.
(Department of Planning Services, Building Inspection)
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code. (Department of Planning Services)
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code. (Department of Planning Services)
18. 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. (Department of Planning Services)
19. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans
or Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
20. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
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