HomeMy WebLinkAbout990803.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Mary Roberts/Jeremiah Wickham Case Number USR-1211
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Letter to Applicant X
3 Staff Comments X
4 Department of Planning Services field check form X
5 Legal Notifications X
6 Application X
7 Referral letter X
8 Referral list X
9 Weld County Building Inspection Department referral response X
1/8/99
10 Colorado Department of Public Health and Environment referral X
response 1/4/99
11 Brighton Fire Protection District referral response 1/11/99 X
12 Weld County Code Enforcement Dept. Referral response 1/21/98 X
13 City of Brighton referral response 1/11/99 X
14 Maps X
15 Deed X
16 Surrounding Property Owners X
17 Soils report X
18 Jiricek memo 3-1-99 X
19 Carroll 1-22-99 x
20 Harshman comments x
21 Hagan letter 1-27-99 x
17 Items submitted at planning commission
990803
I hereby certify that the 21 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.
iglidcfr-Y2
Ben Patton •A Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS ;) day of /MA m m 19 c/ 9.
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES CV 3
WIIDc. LANSD
USE APPLICATION
MMARY SHEET
COLORADO
Case Number: USR-1211 Hearing Date: March 16, 1999
Applicant: Mary Roberts/Jeremiah Wickham
Address: 2324 Elmira St.
Aurora, CO
80010
Request: A Site Specific Development Plan and a Special Review Permit for an Industrial Use in
the A (Agricultural)Zone
Legal Description: Part of the SW 1/4 of Section 31, Township 1 North, Range 66 West
Location: West of and adjacent to US 85; Approximately IA mile north of WCR 2
Size of Parcel: 18 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning
Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Health Department
• Weld County Public Works
• Weld County Code Enforcement Dept.
• Town of Brighton
• Brighton Fire Protection District
• Weld County Building Inspection Department
• State of Colorado Hazardous Materials and Waste Management Division
ElEXHIBIT
3
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WUk.
COLORADO
Case Number: USR-1211 Hearing Date: March 16, 1999
Applicant: Mary Roberts/Jeremiah Wickham
Address: 2324 Elmira St.
Aurora, CO
80010
Request: A Site Specific Development Plan and a Special Review Permit for an Industrial Use in the
A (Agricultural) Zone
Legal Description: Part of the SW 1/4 of Section 31, Township 1 North, Range 66 West
Location: West of and adjacent to US 85; Approximately ''A mile north of WCR 2
Size of Parcel: 18 +/-acres
PARCEL NUMBER: 1471 31 000092
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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as follows:
a. Section 24.3.1.1--This proposal is consistent with the Weld County Comprehensive Plan.
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,
and the property will be served by a domestic well and an Individual Septic Disposal
System. A. Goal 1 also encourages the preservation of prime farmland for agricultural
purposes. No prime farm ground will be taken out of production.
b. Section 24.3.1.2-- This proposal is consistent with the intent of the A (Agricultural) zone
district. Section 31.4.18 includes uses permitted as uses-by-right in the Commercial or
Industrial zones to locate in the Agricultural zone through the Use by Special Review
process.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County
Zoning Ordinance, as amended, and will be compatible with future development of the
surrounding area. The proposal is compatible with surrounding land uses which include
industrial-type uses to the south and east, and the applicant has indicated that all outdoor
storage will either be stored within the new structures, or be screened from view.
d. Section 24.3.1.4 --The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. The Town of Brighton reviewed this proposal and determined that there
were some concerns regarding this type of development in the area, and indicated that,
if approved, ample screening from public rights-of-way shall be provided. The applicant
has indicated that adequate screening for the use will be provided, in accordance with
Section 24.5.1.10 of the Zoning Ordinance.
e. Section 24.3.1.5--The subject parcel is located partially within a Flood Hazard Overlay
District Area as identified by Federal Emergency Management Agency map#080266
0995 C, however, the portion of the parcel which will be used under the provisions of
this permit exist outside of this boundary
f. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance, as amended), 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 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 As offered by the applicant,all existing materials,on the site,shall be removed from the site
within six months of the approval of the USR permit by the Board of County
Commissioners. These materials shall be handled, recycled, stored, or disposed of in
accordance with all applicable local, state, and federal rules and regulations. (Dept. Of
Planning Services, Health Dept.)
3. The applicant shall submit a landscaping plan to the Department of Planning Services for
review and approval. This plan shall delineate the location of the six-foot fence which will
surround the property,and shall indicate location and species of all plant materials, planting
and fencing implementation schedule and landscape maintenance plan.(Dept.Of Planning
Services)
4. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) A gravel parking lot adjacent to each building site to accommodate
customer and employee parking needs. (Public Works)
2) Adequate circulation routes and turn-around radii for the larger trailers to
be used on-site. (Public Works)
3) The approved landscaping plan. (Dept. Of Planning Services)
B. The applicant shall submit a parking plan to the Department of Planning Services
for review and approval. The parking plan shall be made in accordance with
Section 41 of the Weld County Zoning Ordinance. (Dept. Of Planning Services)
C. The applicant shall attempt to address the requirements of the Brighton Fire
Protection District as stated in a referral response received January 12, 1999.
Evidence of District approval shall be forwarded to the Department of Planning
Services. (Dept. Of Planning Services)
D. The applicant shall attempt to acquire permission from the landowner of the
property to the immediate south of the subject site to utilize the access through
their property to the easement to accommodate the longer trailers used for the
business. Written evidence of such an agreement shall be forwarded to the
Department of Planning Services. (Public Works, Dept. Of Planning Services)
E. 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. (Dept. Of
Planning Services)
5. Prior to the release of building permits:
a) The application materials indicate that the facility will process cardboard,
newspaper, glass, aluminum, plastic, and empty metal and plastic barrels that
have held only non-toxic and non-hazardous materials. Following removal of
the existing materials from the site, but prior to accepting any additional
materials onto the site, the facility shall provide the Planning and Health
Departments a summary of the processors, vendors, or facilities where the
materials will be further handled, processed, recycled, etc. The summary
should also include the following:
1) Any written agreements or contracts that the facility may have with
the processor or vendor.
2) The organization or facility name, address, phone number, and a
contact name where any of the materials will be moved to, or
recycled, processed, handled, etc.
3) A detailed description of the process that each material will go
through from the time it is received on the facility until it is removed.
4) Any deviation from the approved summary shall be approved by the
Health Department. Evidence of Health Department approval of the
above described material shall be forwarded to the Weld County
Planning Department. (Health Dept., Dept. Of Planning Services)
6. If applicable, an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
application must be submitted to the Air Pollution Control Division, Colorado
Department of Public Health and Environment.
7. The applicant shall either remove the existing mobile home from the site or apply for
the appropriate zoning and building permits for the structure within 30 days of the
approval of the USR permit by the Board of County Commissioners. (Dept. Of
Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
1. The Site Specific Development Plan and Special Use Permit is for an Industrial Use 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. (Dept. Of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended.(Dept. Of Planning Services)
3. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the Agricultural zone district. (Dept. Of Planning Services)
4. This application was approved to bring an existing zoning violation (VI-9800102) on the
property into compliance with Weld County Agricultural Zone standards. (Code
Enforcement)
5. Materials stored on site shall be for the sole benefit of the Recycling Business. At no time
will materials in transit to the Weld County Landfill be allowed on site. (Dept. Of Planning
Services)
6. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning
Services)
7. All construction or improvements occurring in the flood plain as delineated on FEMA
Community Panel Map 080266 0995 C, dated September 28, 1982, shall comply with the
Flood Hazard Overlay District requirements of Section 26 of the Weld County Zoning
Ordinance. (Dept. Of Planning Services)
8. The installation of any septic system within the 100-year flood plain shall comply with the
Weld County I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S.
Regulations, no septic systems shall be installed within the floodway. (Dept. Of Planning
Services)
9. The facility shall only receive, for processing, cardboard, newspaper, glass, aluminum,
plastic, and empty metal and plastic barrels that have held non-toxic and non-hazardous
materials. No other materials shall be accepted without the written approval of the Planning
Department. The facility shall not accept liquids, materials that may contaminate
groundwater, or any materials that may create off-site odors. (Health Dept.)
10. The facility shall comply with 30-20-102(5), C.R.S., as amended, and any rules or
regulations promulgated thereunder. (Health Dept.)
11. All solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination. (Health Dept.)
12. The facility shall never have more than 500 cubic yards of recyclable materials on the facility
at any given time. Records shall be maintained that demonstrates recyclable materials are
being recycled at the site at a rate that approximately equals the rate at which recyclable
materials are being collected. The facility shall submit quarterly reports to the Planning and
Health Department that demonstrate the amount of materials received and removed during
each respective quarter, as well as the amount of materials stored on the facility at the
beginning and end of each quarter. These reports shall be submitted no later than 45 days
following each respective quarter.
a) A financial guarantee or some other mechanism of financial assurance shall be
provided to the Board of County Commissioners in the event the facility is not able
to demonstrate that it is recycling materials at a rate that approximately equals the
rate at which recyclable materials are being collected and has accumulated more
than 500 cubic yards of recyclable material and continues to maintain the excess for
180 days. The financial guarantee or assurance would be in an amount that is
estimated for a third-party to remove and properly recycle or dispose all materials on
the site. The form of financial assurance shall be considered in a public meeting
before the Board. (Health Dept.)
13. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
14. Any non-recyclable materials that are received at the facility that are incidental to loads of
recyclable materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. All waste materials
shall be disposed at an approved landfill. (Health Dept.)
15. Fugitive dust shall be controlled on this site. (Health Dept.)
16. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to 25-12-102, Colorado Revised Statutes, as amended. (Health Dept.)
17. Adequate toilet and hand washing facilities shall be provided for employees and patrons of
the site. Each proposed structure shall be served by an individual sewage disposal system
or municipal sewer(if available). All septic systems shall be designed by a Colorado
Registered Professional Engineer and installed according to the Weld County Individual
Sewage Disposal Regulations. (Health Dept.)
18. If applicable, the water system shall comply with the requirements of the Colorado Primary
Drinking Water Regulations (5 CCR 1003-1). (Health Dept.)
19. All outdoor storage shall be screened from public rights-of-way and adjacent property.
(Planning Dept.)
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. (Planning
Dept.)
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. (Planning
Dept.)
22. Personnel from the Weld County Health Department and Weld County Department of
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 hereon and all applicable Weld County regulations. (Planning Dept.)
23. 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 Planning Commission 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. (Planning Dept.)
24. 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.
(Planning Dept.)
rs DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, 632
(9 352 FAX (970) 352-63112
WELD COUNTY ADMINISTRATIVE OFFICES
"DC.
GREELEY, COLORADO 80631
COLORADO
December21, 1998
Mary Roberts/Jeremiah Wickham
2324 Elmira Street
Aurora, CO 80010
Subject: USR-1211 - Request for a Site Specific Development Plan and Use by Special Review Permit for
a Recycling Facility on a parcel of land described as Part of the SW4 of Section 31, Ti N, R66W
of the 6th P.M., Weld County, Colorado.
Dear Applicants:
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 February 2, 1999, at 1:30 p.m. This meeting will
take place in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street,
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 Brighton Planning Commission
for its review and comments. Please call City of Brighton at 303-654-1638 for further details regarding the
date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance
at the Brighton Planning Commission meeting 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.
! ffulIYF
t/
Ben Patton
Planner
FIELD CHECK inspection date: January 19, 1999
CASE NUMBER: USR-1211
APPLICANT: Mary Roberts/Jeremiah Wickham
LEGAL DESCRIPTION: Pt. SW4 of Section 31, Township 1, Range 66
LOCATION: West of and adjacent to US 85; approximately 1/4 mile north of
WCR2
Zoning Land Use
N A(Agricultural) N Sheep Farm
E City of Brighton E Industrial Uses
S 1-3 (Industrial) S Industrial Business
W A (Agricultural) W Platte River/Mobile Home Park
COMMENTS: The only access to site is a narrow, one-lane road which exits US 85
and winds through existing industrial and residential uses. The site is bounded on the
east by US 85 and the west by the Platte River. There is a fairly steep decline to the
river to the west. The property is encumbered by recycled materials which line the
entire periphery of the site. Large plastic barrels and rolls of plastic material seem to
occupy the largest portion of the site. There currently exists no physical barrier
between the storage site and public rights-of-way and property lines. A site visit
reinforces the need to account for the current use of the area. Extensive
buffering/screening and/or indoor storage of the materials will be required.
IDOINIIT
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