HomeMy WebLinkAbout20101304.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1725 FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY
USE IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPING BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- BRIAN AND SUSAN WILLIAMS
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 14th day
of July, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Brian and Susan Williams, 211 Gadwall Lane, Johnstown, Colorado
80534, for a Site Specific Development Plan and Use by Special Review Permit#1725 for a
Use Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(landscaping business) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Recorded Exemption #1168; being part of
the NW1/4 SW1/4 of Section 21, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present at said hearing, 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 applicants 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 applicants have
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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.
Section 22-2-150.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support such
development. Such development shall attempt to be compatible with the
region." The Conditions of Approval and Development Standards will
ensure that the proposed use will be compatible with the area. The
surrounding property is primarily residential in nature.
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SPECIAL REVIEW PERMIT#1725 - BRIAN AND SUSAN WILLIAMS
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Section 23-2-240.A.10 of the Weld County Codes states, "...that buffering
or screening of the proposed use from adjacent properties may be
required in order to make the determination that the proposed use is
compatible with the surrounding uses." The applicants are proposing to
landscape the perimeter of the site with evergreen trees.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.R of the Weld County
Code allows for a Site Specific Development Plan and a Use by Special
Review Permit for a Business Permitted as a Use by Right or Accessory
Use in the Commercial Zone District (landscaping Business) in the
A (Agricultural) Zone District. Currently, the property is in violation
(ZCV09-00041) for the operation of a landscaping business without an
approved and recorded Use by Special Review (USR) permit. Approval
of this application has corrected the violation, and the case has been
closed.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties to the north, east, and west have been annexed by the Town of
Johnstown. The property is located within the three-mile referral area for
the Towns of Johnstown, Berthoud, and Milliken. The Town of
Johnstown, in the referral dated December 22, 2009, stated, "The
landscaping business has been in place for some time (presumable with
county approval) and we have not heard of complaints or conflicts.
However, the use adjoins undeveloped property that is designated in our
Comprehensive Plan as Residential and is zoned PUD-R and platted
(Willow Creek preliminary) for single family detached residential. This
type of use is considered commercial/light industrial and is not compatible
with residential. We strongly suggest that the Special Review Use be
subject to periodic review and that the USR expire within one year of
approval by Johnstown of a residential subdivision final plat on the
adjoining property." The Town of Berthoud, in the referrals dated
December 15, 2009, and March 12, 2010, had no comments. The Weld
County Department of Planning Services has not received a referral from
the Town of Milliken.
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. The property is not located within an Intergovernmental
Agreement Area, but does lay within the three-mile referral area for the
Towns of Johnstown, Berthoud, and Milliken. The surrounding area to
the west and south is currently residential and the surrounding property to
the north and east is proposed residential (Willow Creek Subdivision).
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SPECIAL REVIEW PERMIT#1725 - BRIAN AND SUSAN WILLIAMS
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The Conditions of Approval and Development Standards will ensure that
the use will be compatible with existing surrounding land uses.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, 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
August 1, 2005, 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.
f. Section 23-2-230.B.6 -- The applicants have demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is classified as "Prime Irrigated
Farmlands of National Importance," as delineated on the Important
Farmlands of Weld County map, dated 1979. The 4.75-acre parcel is
currently developed as a residential property; therefore, it is not
conducive to farming.
g. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards will
ensure that 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 Brian and Susan Williams for a Site Specific
Development Plan and Use by Special Review Permit#1725 for a Use Permitted as a Use by
Right or Accessory Use in the Commercial Zone District (landscaping business) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1725.
B. The existing notes on the plat shall be removed and replaced with the
attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. The applicants 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.
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E. County Road 17 is a major arterial road which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way. An
additional 40 feet shall be delineated on the plat as future right-of-way for
County Road 17, or a lesser number, if consistent with right-of-way
requirements of the Town of Johnstown. All setbacks shall be measured
from the edge of future right-of-way. The applicants shall verify and
delineate on the plat the existing right-of-way and the documents creating
the right-of-way. This road is maintained by the Town of Johnstown.
F. All outdoor storage of material, vehicles, and equipment shall be
screened from adjacent properties and public rights-of-way.
G. The vicinity map shall adhere to Section 23-2-260.D.4 of the Weld County
Code.
H. The applicants shall include the USR certificates on the plat.
A detail of the sign shall be added to the plat. The size of the sign shall
adhere to Appendix 23-D of the Weld County Code.
J. The access drive shall be surfaced with gravel, asphalt, or the equivalent,
and shall be graded to prevent drainage problems.
2. The applicants shall submit a Dust Abatement Plan, for review and approval, to
the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of approval shall be submitted to the
Weld County Department of Planning Services.
3. The applicants shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public
Health and Environment. Evidence of approval shall be submitted to the Weld
County 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 the site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on the
site.
3) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
4. Since the applicants intend to utilize the existing septic system for employee use,
the 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 system's ability to handle the proposed hydraulic load. The
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SPECIAL REVIEW PERMIT#1725 - BRIAN AND SUSAN WILLIAMS
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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. Evidence of approval shall be
submitted to the Weld County Department of Planning Services.
5. In the event the washing of vehicles or equipment will occur on the site, the
applicants shall ensure that any vehicle or equipment washing areas shall
capture all effluent and prevent discharges from washing in accordance with the
Rules and Regulations of the Water Quality Control Commission and the
Environmental Protection Agency. Washing areas shall be designated on the
plat. Evidence of approval shall be submitted to the Weld County Department of
Planning Services.
6. The applicants shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral responses dated
December 10, 2009, and March 23, 2010. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
7. The applicants shall enter into a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral for all
transportation (access drive, parking areas, etcetera) and non-transportation
(fencing, screening, drainage, etcetera). The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the USR plat. The applicants may submit
evidence that all the work has been completed and reviewed by the Departments
of Planning Services and Public Works.
8. The applicants shall provide written evidence of an approved water source (Little
Thompson Water District or water shares) and how the landscaping for the
screening will be irrigated to the Weld County Department of Planning Services.
9. Upon completion of Conditions of Approval #1 through #8 above, the applicants
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 applicants 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 thirty (30) days from the
date of the Board of County Commissioners Resolution. The applicants shall be
responsible for paying the recording fee.
10. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
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SPECIAL REVIEW PERMIT#1725 - BRIAN AND SUSAN WILLIAMS
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11. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. 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.
12. 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 14th day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
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Weld County Clerk t. 18e =�t:?�
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Deputy Clerk t. he :oar:'�'�
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APPR ED AS TO •
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David E. Long
Date of signature: 7 /0
2010-1304
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRIAN AND SUSAN WILLIAMS
USR #1725
1. A Site Specific Development Plan and Use by Special Review Permit #1725 is for a
Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(landscaping business) in the A (Agricultural) Zone District, and is subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. The business shall be limited to no more than fifteen (15) employees on the site.
4. 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 which protects against surface and groundwater contamination.
5. 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.
6. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
7. The applicants shall operate in accordance with the approved Waste Handling Plan.
8. 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.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
11. 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 System (I.S.D.S.) Regulations.
12. The facility shall utilize the existing public water supply (Little Thompson Water District).
13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, in accordance with product labeling, and in a manner which
minimizes the release of hazardous air pollutants and volatile organic compounds.
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DEVELOPMENT STANDARDS - BRIAN AND SUSAN WILLIAMS (USR #1725)
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14. Any vehicle 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.
15. The applicants shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
18. Effective August 1, 2005, 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.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
21. 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 may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
22. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
23. 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.
24. Weld County Government personnel 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.
25. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application.
26. All building plans shall be submitted to the Johnstown Fire Protection District, for review
and approval, prior to the issuance of building permits.
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27. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it 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. Weld County is not responsible for the maintenance of drainage-related features.
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. Noncompliance 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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