HomeMy WebLinkAbout20102256.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #1218 FOR ONE (1) SINGLE FAMILY DWELLING UNIT
(MANAGER/CARETAKER'S RESIDENCE) PER LOT OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE, AND AN
ONGOING HOME BUSINESS (STORAGE UNITS AND RV PARKING) IN THE
A (AGRICULTURAL) ZONE DISTRICT- CHARLES AND GAIL SCHNUERLE
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 September, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Charles and Gail Schnuerle, 1261 95th Avenue, Greeley, Colorado
80634, for a Site Specific Development Plan and Amended Use by Special Review
Permit#1218 for one (1) Single Family Dwelling Unit (manager/caretaker's residence) per lot
other than those permitted under Section 23-3-20.A of the Weld County Code, and an ongoing
Home Business (storage units and RV parking) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #1401; being part of
the E1/2NE1/4 of Section 12, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were present and represented by Julie
Cozad, TetraTech, 1900 South Sunset Street, Suite 1-F, Longmont, Colorado 80504, 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.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-100.A (C.Goal 1) states, "Promote the location of
commercial uses within municipalities, County Urban Growth Boundary
areas, Intergovernmental Agreement urban growth areas, growth
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AMENDED SPECIAL REVIEW PERMIT#1218- CHARLES AND GAIL SCHNUERLE
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management areas as defined in municipal comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes or where
adequate services are currently available or reasonably obtainable." The
existing storage units, residence, and outbuildings are located in an
enclave to the City of Greeley. Section 22-2-100.E (C.Goal 5) states,
"Minimize the incompatibilities that occur between commercial uses and
surrounding properties." The site has mature landscaping and is neatly
tended and contains a primary residence and several outbuildings. The
existing 180-storage-unit facility is fenced and gated with healthy
landscape treatment to soften the visual impacts. This proposal seeks to
add outdoor vehicle storage and to convert one outbuilding into a
caretaker's residence and office. The Conditions of Approval and
Development Standards will ensure that the proposed use will be
compatible with the vicinity. The property is serviced with water from the
City of Greeley and permitted Individual Sewage Disposal Systems
(I.S.D.S).
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.0 and 23-3-40.L of the
Weld County Code provides for a Site Specific Development Plan and an
Amended Use by Special Review Permit for one (1) Single Family
Dwelling Unit (manager/caretaker's residence) per lot other than those
permitted under Section 23-3-20.A of the Weld County Code, and an
ongoing Home Business (storage units), in the A (Agricultural) Zone
District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
property is primarily agricultural in nature, with a few homes in close
proximity. There are four parcels within 500 feet of the property, with one
residence in proximity to the northeast. No comments have been
received from surrounding property owners, and the Conditions of
Approval and Development Standards will ensure compatibility with the
surrounding area.
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 site is located within three miles of the Cities of Evans
and Greeley, and the Towns of Milliken and Windsor. The City of Greeley
returned a referral response, indicating concerns with compliance with
water delivery, which has been addressed within the Conditions of
Approval, and the municipalities of Evans, Milliken, and Windsor did not
return a referral response.
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e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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 applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use.
g. Section 23-2-230.6.7 -- 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
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 Charles and Gail Schnuerle, for a Site Specific
Development Plan and Amended Use by Special Review Permit #1218 for one (1) Single
Family Dwelling Unit (manager/caretaker's residence) per lot other than those permitted under
Section 23-3-20.A of the Weld County Code, and an ongoing Home Business (storage units and
RV parking) 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 applicant shall address the City of Greeley, Engineering Department
requirements, as stated in the referral response dated July 16, 2010.
Written evidence of approval from the Engineering Department for the
City of Greeley shall be submitted to the Department of Planning
Services.
B. The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled AmUSR-1218.
2) The attached Development Standards.
3) Off street parking spaces, including the access drive(s), shall be
surfaced with gravel, or the equivalent, and shall be graded to
prevent drainage problems.
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4) County Road 29 (95th Avenue) is under the City of Greeley's
jurisdiction. Access requirements will be addressed by the City of
Greeley. The applicant shall verify, and delineate on the plat, the
existing right-of-way and the documents creating the right-of-way.
5) The applicant shall utilize the existing accesses to this parcel. All
points of ingress and egress must be shown on the plat.
6) The approved Landscape and Screening Plan.
7) The revised Circulation Plan.
8) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2. Upon completion of Condition of Approval #1 above, 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 sixty
(60) 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 #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
4. 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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COU Y, COLORADO
ATTEST: t '�` yy C�11�
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Weld County Clerk t.[
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( arbara KirkmedBY:I . IBS: "� ��
Deputy Cler.fo the Boar: ��'�
Sean P. n
AIPROV2D AS TO F
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ttorney aic ( cL
David E. Long
Date of signature: et)
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHARLES AND GAIL SCHNUERLE
AMUSR-1218
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1218 is
for one (1) Single Family Dwelling Unit (manager/caretaker's residence) per lot other
than those permitted under Section 23-3-20.A of the Weld County Code, and an ongoing
Home Business (storage units and RV parking) 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 number of employees shall be limited to six (6).
4. The hours of operation are 24 hours per day, 7 days a week, for the parking and storage
units.
5. The hours of operation for the office are from 8:00 a.m., to 6:00 p.m., daily.
6. The second home shall be for an employee related to the business on the property.
7. 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.
8. 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.
9. 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.
10. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. A dust
suppressant shall be placed on the driveways, parking areas and loading zones to
control any dust problems, when needed.
12. 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.
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
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14. Sewage disposal 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.
15. The facility shall utilize the existing public water supply (City of Greeley).
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 applicant shall adhere to the approved Lighting Plan.
20. Any lighting used to illuminate the storage area, the parking area, outside activity area,
sign, or structure, shall be arranged as to deflect light away from adjoining residential
zone and from public roads. Any lighting shall be designed, located, and operated in
such a manner as to meet the following standards: sources of light shall be shielded so
the beams or rays of light will not shine directly onto adjacent properties; neither the
direct nor reflected light from any source may create a traffic hazard to operators of
motor vehicles on public or private streets.
21. The southern portion of the existing storage units shall accommodate a 25-foot driving
lane to provide adequate circulation. Dead end streets (not cul-de-sacs) shall not be
permitted.
22. The storage buildings must be painted with an earth-tone color, approved by the Weld
County Department of Planning Services, to blend in with the landscaping. The
structures must be kept in good repair at all times.
23. All items within the storage unit area must be stored within the structures at all times.
No outdoor storage will be allowed in the storage unit area.
24. Should a complaint be received, staff will review and determine the validity of the
complaint. If the complaint is valid, the property owner must construct an opaque fence
within sixty (60) days to screen the outside storage of vehicles from adjacent properties
and public rights-of-way.
25. The applicant shall adhere to the approved Landscape and Screening Plan.
26. A trash receptacle must be provided for the public and must be screened from all
adjacent properties and public rights-of-way.
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27. No maintenance of stored vehicles will occur on the site, with the exception of personal
vehicles.
28. 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.
29. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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. All
vegetation, other than grasses, shall be maintained at a maximum height of twelve (12)
inches until the area is completely developed.
30. A separate building permit shall be obtained prior to the construction of new structures,
and the change of use of, or additions to, existing structures.
31. A plan review is required for each unit for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. The applicant shall include a
Code Analysis Data sheet, from the Weld County Department of Building Inspection,
with each building permit.
32. Buildings shall conform to the requirements of the various codes adopted at the time of
the permit application. Currently, the following have been adopted by Weld County:
2006 International Building Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Fuel Gas Code, 2006 International
Energy Code, 2008 NEC, 2003 International ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
33. All building plans shall be submitted to the Windsor-Severance Fire Protection District,
for review and approval, prior to issuance of building permits.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
36. 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.
37. The Amended 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
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are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
38. 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.
39. 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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