HomeMy WebLinkAbout990802.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple 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:
CASE NUMBER: USR-1211
7,1
PLANNER: Ben Patton —
APPLICANT: Mary Roberts/Jeremiah Wickham ; 2 • P
ADDRESS: 2324 Elmira Street, Aurora, Colorado 80010 •
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Industrial Usbin the
A(Agricultural)Zone
LEGAL DESCRIPTION: Part of the SW4 of Section 31, T1 N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: West of and adjacent to US 85; approximately '/� mile north of WCR 2
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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission 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. Secl:ion 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County
Zon.ng 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.
990802
RESOLUTICN, USR-1211
Mary Roberts/Jeremiah Wickham
Page 2
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 recomrrendation 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
Corrmissioners. (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
Sery ices)
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)
(Clerk's note: The numbering for the addition of Conditions of Approval#3D and#3E, were incorrect,
and therefore the Conditions have been added as Conditions of Approval#4A numbers 4 and 5.)
4) The applicant shall resurvey the access the easement from US 85, and if the
legal description deviates from the existing legal description, a new access
agreement shall be executed.
RESOLUTION, USR-1211
Mary Roberts/Jeremiah Wickham
Page 3
5) An agreement regarding maintenance of the access easement shall be
executed and signed by all users of the easement.
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)
RESOLUTION, USR-1211
Mary Roberts/Jeremiah Wickham
Page 4
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
Bryant Gimlin
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 oil March 16, 1999.
Dated the r 16th of Ma h, 1 99.(JoWendi Inloes
Secretary
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 his 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 stcred 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 0130266 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 sha I 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.)
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 16, 1999
Page 3
Fred Walker asked if there is a problem with the easement as far as the soil erosion for the road, can there
be a condition that this be taken care of before approval. Ben explained that a standard condition on roads
by Public Works is that the road shall be maintained according to county standard, but since this is a privately
maintained road, they may have to add some language.
Bryant Gimlin asked who actually owns the easement. Ben said that it is mutual between the owners of the
property whose property is not contiguous to Hwy 85, which is at least three different owners.
Lee Morrison said that on occasion when an improvement needs to be made on private property before the
use occurs safely, there have been standards applied. If there is mutual joint use of the easement, a
requirement for an agreement between the parties using the easement, spelling out the responsibility for
maintenance, along with the type of traffic they are generating.
Fred Walker asked if a requirement on the length of trailers is placed,who will enforce checking this. Ben said
that we would have to rely on property owner's observation and notifying the Planning Department, and
appropriate steps would be taken.
Stephan Mokray asked about concerns on storage of liquid materials, fires, along with other concerns, and
has this been cleared up. Ben said that the Health Department has gone above and beyond on conditioning
the site, and the applicant is required to inventory the items being stored.
Trevor Jiricek said there are several conditions, and they have prohibited the handling any liquids on the
facility.
Marie Koolstra asked about not storing more than 500 cubic yards of materials on the site at a time, and it
seems there is more than that on the property now. Trevor said the intention was for the facility, and this was
a number that the applicant felt was reasonable. Ms. Roberts said that the storage is going to be inside.
Bryant Gimlin asked about access and about the egress/ingress lanes off of Hwy 85. Ben said he did not
think there is anything excessive on the access, and did not appear to be an overly dangerous site. Don
Carroll said there is a traffic light located to south of the intersection which controls traffic flow to the north,
and has gotten in and of the property with no problems.
Arlan Marrs asked if there was an actual turn lane off of Hwy 85 if you are traveling north. Don said there was
a partial turn lane.
Marie Koolstra asked Ms. Roberts if she was in agreement with the Conditions of Approval and Development
Standards. Ms. Roberts stated she was in agreement.
Jack Epple asked if the site needed to be cleaned up before the permit is issued. Ben said that one of the
Conditions of Approval is that the site is cleaned up six months after the approval from the Board of County
Commissioners.
Ben added Condition of Approval#3D to say: The applicant shall resurvey the access easement from US 85
and if the legal description deviates from the existing legal description, a new access agreement shall be
executed. And Concition of Approval #3E to say: An agreement regarding maintenance of the access
easement shall be executed and signed by all users of the easement. These would be prior to recording the
plat.
Fred Walker asked about the six months for clean up, and would this be conditional upon approval, or after,
and would like to see it as a condition of cleaning up before. Ben explained that the establishment of an
absolute time line is necessary so that the applicant could not keep pushing back the clean up of the site, and
there is also a conflict in timing of recording the plat, which is 30 days, and this is another incentive to clean
the property up.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
March 16, 1999
Page 4
Jack Epple moved to add Conditions of Approval#3D and #3E. Stephan Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Jack Epple,
yes; Fred Walker, yes. Motion carried unanimously.
Jack Epple moved that Case USR-1211, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
Arlan Marrs said that he still had some confusion on the two additions to the Conditions of Approval, and that
the comments the Board had, did not seem to appear to be the same as what staff had. Ben explained that
he had made the changes after sending comments out to them, and that the additions should fall under prior
to recording the plat. #4A#4 and#5.
Comments from Arlan Marrs, Cristie Nicklas and Marie Koolstra that there are some concerns on the
application with surrounding property owners, access and easements, that the Board of County
Commissioners needs to review carefully.
Comments from Jack Epple that he is also concerned, but cannot deal with financial problems, and if the
applicant is willing to meet the Conditions of Approval and Development Standards, then they should be given
a chance to do so.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Marie
Koolstra, yes; Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Jack Epple,
yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: Z-.521
APPLICANT: William Harper
PLANNER: Ben Patton
LEGAL DESCRIPTION: Part of the SW4 of Section 13, T3N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone for five lots from Agricultural to PUD (Estate/R-4).
LOCATION: North of and adjacent to WCR 32; approximately %3 mile west of WCR 13.
Ben Patton, Department of Planning Services, presented Case Z-521. Ben then read the recommendation
into the record and stated that the Department of Planning Services is recommending approval of the
application, along with the Conditions of Approval and Development Standards. Ben added that the applicant
has reduced the length of the proposed cul-de-sac to the estate lots on the west portion of the PUD.
Todd Hodges, representative for the applicant, said that Mr. Harper has reviewed staff comments and was
in agreement with them.
Arlan Marrs asked Mr. Hodges to go over each lot and what will be on the lots. Mr. Hodges explained on an
overhead map the proposal.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ray Edmiston, spoke against the application. Mr. Edmiston said that the property is not'/: mile east of WCR
13, but'''A west of WCR 13, and did not realize the property was so close to his. Mr. Edmiston does not feel
the proposal is good for Weld County or the neighborhood.
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