HomeMy WebLinkAbout20111725.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #521 FOR A USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (FARLEY'S MACHINE SHOP, AIRPORT AND
AGRICULTURAL CROP SPRAYING OPERATION) IN THE A (AGRICULTURAL)
ZONE DISTRICT- DAVID FARLEY FAMILY TRUST
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 29th day
of June, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of David Farley Family Trust, P.O. Box 363, Platteville, Colorado 80651,
for a Site Specific Development Plan and Amended Use by Special Review Permit #521 for a
Use Permitted as a Use by Right, an Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (Farley's Machine Shop, airport and agricultural crop
spraying operation) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Part of the E1/2 of the NW1/4; Lot A of Recorded
Exemption #5071, part of the W1/2 of the NE1/4;
and part of the SW1/4 all in Section 23, Township 3
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue said matter to
July 20, 2011, at the applicant's request, to allow the matter to be considered by a full quorum of
the Board, and
WHEREAS, on July 20, 2011, said applicant was present/represented by
Fred Otis, 1812 56th Avenue, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
t, .. efi, PL, PW, Nl_ L, Apm 2011-1725
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AMENDED SPECIAL REVIEW PERMIT#521 - DAVID FARLEY FAMILY TRUST
PAGE 2
a. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 22-2-20.G (A.Goal 7) states,
"County land use regulations should protect the individual property
owner's right to request a land use change."
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses.
d. Section 23-2-230.B.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.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the County
Road Impact Fee Area and the Capital Expansion Impact Fee area.
Effective April 25, 2011, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road
Impact Fee Program. Effective April 25, 2011, building permits issued on
the proposed lots will be required to adhere to the fee structure of the
County Facilities Fee and Drainage Impact Fee Programs.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use.
g. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of David Farley Family Trust, c/o Fred Otis, for a
Site Specific Development Plan and Amended Use by Special Review Permit #521 for a Use
Permitted as a Use by Right, an Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (Farley's Machine Shop, airport and agricultural crop spraying
operation) in the A (Agricultural) Zone District, on the parcel of land described above be, and
hereby is, granted subject to the following conditions:
1) Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled AmUSR-521.
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AMENDED SPECIAL REVIEW PERMIT#521 - DAVID FARLEY FAMILY TRUST
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2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) County Road 32 is designated on the Weld County Road
Classification Plan as a collector road, which requires eighty (80)
feet of right-of-way at full buildout. There is presently sixty (60)
feet of right-of-way. All setbacks shall be measured from the edge
of future right-of-way. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County.
B. The applicant shall address the requirements/concerns of the Weld
County Department of Building Inspection, as stated in the referral
response dated April 26, 2011. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
C. The application shall address the requirements/concerns of the Zoning
Compliance Division of the Weld County Department of Planning
Services, as stated in the referral response dated March 24, 2011.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. In the event the applicant intends to utilize the existing septic system in
the home for business use, the septic system shall be reviewed by a
professional engineer licensed in the State of Colorado. The review shall
consist of observation of the system and a technical review describing the
system's 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. Alternately, a new
septic system can be installed for office use and evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
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E. In the event the septic system requires a design capacity of over 2,000
gallons of sewage per day, the applicants shall provide evidence that all
requirements of the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment (CDPHE)
(specifically Policies WQSA-6 and WQSA-8) have been satisfied.
Evidence of compliance shall be provided to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment. Alternately, the applicant may provide evidence from
the WQCD that they are not subject to these requirements.
F. The applicant shall submit written evidence from the Colorado Division of
Water Resources (DWR), demonstrating that the wells are appropriately
permitted for commercial and residential uses. Evidence of compliance
shall be provided to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment.
G. In the event the facility's water system serves more than 25 persons on a
daily basis, the water system shall comply with the Colorado Primary
Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment that the system complies
with the Regulations.
H. The applicant shall submit evidence of an Underground Injection
Control (UIC) Class V Injection Well permit from the Environmental
Protection Agency (EPA) for any large-capacity septic system (a septic
system with the capacity to serve twenty (20) or more persons per day).
Alternately, the applicant may provide evidence from the EPA that they
are not subject to the EPA Class V requirements. Evidence of
compliance shall be provided to the Environmental Health Services
Division of the Weld County Department of Public Health and
Environment.
The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) from the WQCD of the CDPHE for any proposed
discharge into State Waterways, if applicable. Evidence of compliance
shall be provided to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment.
J. The applicant shall provide evidence to the Weld County Department of
Planning Services that all non-commercial junkyard items located on the
property are screened from all adjacent properties and public
rights-of-way, or have been removed from the property.
K. The applicant will utilize the five (5) existing accesses to the property. No
additional accesses will be granted. The applicant shall identify the
locations of the existing accesses on the plat and label the accesses with
the appropriate Access Permit Number(s).
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L. An existing on-site low point will be used for water quality. The applicant
shall identify and label this area on the plat as "Water Quality — No Build
or Storage Area."
2. Upon completion of Condition of Approval #1, listed above, the applicant shall
submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies,
the applicant shall submit a Mylar plat, along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one hundred eighty (180) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2006-7, approved
June 1, 2006, should the plat not be recorded within the required one hundred
eighty (180) days from the date the Board of County Commissioners Resolution,
a $50.00 recording continuance charge may be added for each additional three
(3) month period.
4. The Weld County Department of Planning Services respectfully requests the
surveyor provide a digital copy of this Use by Special Review. Acceptable CAD
formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are
ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred
format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file
may be sent to maps@co.weld.co.us.
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AMENDED SPECIAL REVIEW PERMIT# 521 - DAVID FARLEY FAMILY TRUST
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5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of July, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO [O
ATTEST:
ara Kirkmeyer, C it
Weld County Clerk to the Bo. L
• Iiui i -tit* n P. C. •way, Pro-Tern
BY: .i�u. ..1 °%,n• �.� /
Deputy Cl k to the Boart���V 7, / (
®` •� illiam F. Garcia
LI
A D AS T • EXCUSED
Da id E. Long ss
unty Attorney OOc
Douglas ademac er
Date of signature: 3 /
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID FARLEY FAMILY TRUST
AMUSR#521
1. A Site Specific Development Plan and Amended Use by Special Review Permit #521 is
for a Use Permitted as a Use by Right, an Accessory Use or Use by Special Review in
the Commercial or Industrial Zone Districts (Farley's Machine Shop, airport and
agricultural crop spraying operation) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on-site employees for each use is listed as follows:
• Farley's Machine Shop, ten (10) employees.
• Hanger/Warehouse/Storage, ten (10) employees.
• Hangers/Support Buildings, six (6) employees.
4. The hours of operation shall be limited from dawn until dusk. The days of operation shall
be Monday through Sunday.
5. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
6. 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, Section 30-20-100.5, C.R.S.
7. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. Any airplane or equipment washing areas shall capture all effluent and prevent
discharges, in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
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12. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems (I.S.D.S.).
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
15. In the event the facility's water system serves more than twenty-five (25) persons on a
daily basis, the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1).
16. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
17. The applicant shall comply with all provisions of the Pesticide Applicators' Act issued by
the Colorado Department of Agriculture, Division of Plant Industry.
18. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a
safe manner, in accordance with product labeling, and in a manner that minimizes the
release of hazardous air pollutants and volatile organic compounds. All chemicals must
be stored secure, on an impervious surface, and in accordance with the manufacturer's
recommendations.
19. This application is proposing a well as its source of water. The applicant shall be made
aware that while they may be able to obtain a well permit from the office of the State
Engineer, Division of Water Resources (DWR), the quantity of water available for usage
may be limited to specific uses, (i.e. domestic use only, etcetera). Also, the applicant
shall be made aware that groundwater may not meet all drinking water standards, as
defined by the Colorado Department of Public Health and Environment (CDPHE). The
applicant is strongly encouraged to test the drinking water, prior to consumption and
periodically test it over time.
20. The operation shall comply with all applicable rules and regulations of the Federal
Aviation Administration (FAA).
21. Effective April 25, 2011, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
22. Effective April 25, 2011, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. Sources of light shall be shielded, so that light rays will not shine directly onto adjacent
properties, where such would cause a nuisance, or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected light from any
light source, shall create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights will be permitted, which may be confused with, or
construed as, traffic control devices.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
27. The historical flow patterns and runoff amounts will be maintained, on the site, in such a
manner that will reasonably preserve the natural character of the area, and prevent
property damage of the type, generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
28. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
29. The Use by 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.
30. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
31. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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