HomeMy WebLinkAbout20090160.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1667 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(LANDSCAPING COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARK
BRINKMAN
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 21st day of
January, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Mark Brinkman, 9734 County Road 70, Windsor, Colorado 80550, for a Site
Specific Development Plan and Use by Special Review Permit #1667 for a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(landscaping company) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Part of the NW1/4 NE1/4 of Section 22, Township 6
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, at the request of staff, the Board deemed it advisable to
continue the matter to February 4, 2009, at 10:00 a.m., to allow adequate time to publish a notice
with the correct legal description and have the matter reviewed by the Planning Commission, and
WHEREAS, at said hearing on February 4, 2009, said applicant was present and
represented by Nate Caldwell, Foothills Landscape Maintenance, 6908 Barbuda Drive, Fort Collins,
Colorado 80525, 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 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 23-2-230.8.1-- The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1(A.Goal 1) promotes the preservation of prime farmland
2009-0160
�.^ PL1996
""1/4)/MIL�o) /%7 FC /Ip
SPECIAL REVIEW PERMIT #1667 - MARK BRINKMAN
PAGE 2
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not affect the productivity of the site.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of 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.
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 site does not lie within any Overlay Districts.
f. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
g.
Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, 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 Mark Brinkman for a Site Specific Development Plan and
Use by Special Review Permit #1667 for a Use Permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts (landscaping company) 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 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 provided to
the 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.
2009-0160
PL1996
SPECIAL REVIEW PERMIT #1667 - MARK BRINKMAN
PAGE 3
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
B. Since the applicant intends to utilize the existing septic system at the home
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 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 provided
to the Department of Planning Services.
C. The applicant shall enter into a Private Improvements Agreement According
to Policy Regarding Collateral for Improvements and post adequate
collateral for all landscaping, transportation (access drive, parking areas,
etcetera) and non -transportation (plant materials, fencing, screening, water,
signage, etcetera) improvements. The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat, or, the applicant may submit
evidence that all the work has been completed and reviewed by the
Departments of Planning Services and Public Works.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection, as stated in the referral response
dated July 30, 2008. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant shall attempt to address the requirements and concerns of the
Town of Windsor, as stated in the referral response dated August 15, 2008.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The applicant shall address the requirements and concerns of the Weld
County Landscape referral response, dated July 21, 2008. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
G. The applicant shall attempt to address the requirements and concerns of the
Windsor -Severance Fire Protection District, as stated in the referral
response dated August 4, 2008. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
H. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated August 14, 2008. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
2009-0160
PL1996
SPECIAL REVIEW PERMIT #1667 - MARK BRINKMAN
PAGE 4
The applicant shall contact the Colorado Department of Transportation
regarding the existing and future right-of-way of State Highway 392 and
provide written evidence of such to the Weld County Department of
Planning Services.
J. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) All plats shall be labeled USR-1667.
3) The approved Landscape/Screening Plan.
4) The approved Signage Plan.
5) The plat shall be in compliance with Section 23-2-260.D of the Weld
County Code.
6) All outdoor storage of material, equipment, and parking areas shall
be screened from public rights -of -way and adjacent properties.
7) All recorded easements shall be shown on the plat.
8) The access onto State Highway 392 shall be at a right angle.
9) State Highway 392 right-of-way shall be delineated on the plat, as
approved by the Colorado Department of Transportation. The
applicant shall verify the existing right-of-way and the documents
creating the right-of-way.
10) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, or the equivalent, and shall be graded
to prevent drainage problems.
11) The Department of Planning Services has determined from the
application materials that thirty-seven (37) parking spaces, and
one (1) parking space which meets the Americans with Disabilities
Act requirements, will be required on the site. Each parking space
shall be equipped with wheel guards, where needed, to prevent
vehicles from extending beyond the boundaries of the space and
from coming into contact with other vehicles, walls, fences,
sidewalks, or plantings.
12) Areas used for storage or trash collection shall be screened from
adjacent public rights -of -way and all adjacent properties. These
areas shall be designed and used in a manner that will prevent trash
from being scattered by wind or animals.
2009-0160
PL1996
SPECIAL REVIEW PERMIT #1667 - MARK BRINKMAN
PAGE 5
13) The applicant shall address the issue of on -site lighting, including
security lighting, if applicable.
14) If applicable, the water quality features, per the Weld County
Department of Public Works approval.
K. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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 thirty (30) days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. The 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, Arclnfo
Coverages and Arclnfo Export files format type is .e00. 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.
4. 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.
5. 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 added for each additional three (3) month period.
6. Prior to Issuance of building permits:
A. A building permit shall be obtained prior to the change of use or construction
of any new structures.
B. A plan review is required for each building for which a building permit is
required. Two complete sets of plans are required when applying for each
permit. The applicant shall include a Code Analysis Data Sheet, provided
by the Weld County Department of Building Inspection. Each building
permit submittal plan shall include a floor plan showing the specific uses of
each area for the building. The Occupancy Classification will be determined
by Chapter 3 of the 2006 International Building Code. The plans shall also
include the design for fire separation and occupancy separation walls, when
required by Chapters 5 and 7 of the 2006 International Building Code. Fire
2009-0160
PL1996
SPECIAL REVIEW PERMIT #1667 - MARK BRINKMAN
PAGE 6
Protection shall conform to Chapter 9 and exiting requirements by
Chapter 10.
C. Buildings shall conform to the requirements of the various codes adopted
at the time of 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, 2008 National Electrical Code, and Chapter 29 of the Weld
County Code.
D. All building plans shall be submitted to the Windsor -Severance Fire
Protection District for review and approval prior to the issuance of building
permits.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of February, A.D., 2009.
ATTEST:
,L41,41
Weld County Clerk to the Bo
BY\ _
De
David E. Long
OARD OF CTY COMMISSIONERS
,COLORADO
ademach
_- r I
Se P. Conway
arbara Kirkmeyer
ounty Attorney EXCUSED
Date of signature. 2 1±1 i
2009-0160
PL1996
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARK BRINKMAN
USR #1667
1. A Site Specific Development Plan and Use by Special Review Permit #1667 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (landscaping company) in the A (Agricultural) Zone District and
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 Use by Special Review Permit shall not be transferable to any successors in interest
to the prescribed property, and shall terminate automatically upon conveyance or lease of
the property to others for operation of the facility.
4. Normal hours of operation shall be from 7:00 a.m., to 7:00 p.m., Monday through Saturday,
with the exception of snow removal operations.
5. The site shall be limited to no more than thirty-five (35) employees.
6. 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.
7. No permanent disposal of wastes shall be permitted at the 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.
8. 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.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
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 Residential
Zone District, as delineated in Section 25-12-103, C.R.S.
12. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
14. The facility shall utilize the existing public water supply (North Weld County Water District).
2009-0160
PL1996
DEVELOPMENT STANDARDS - MARK BRINKMAN (USR #1667)
PAGE 2
15. 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 that
minimizes the release of hazardous air pollutants and volatile organic compounds.
16. Any vehicle washing area(s) 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. 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.
20. The landscaping on the site shall be maintained in accordance with the approved
Landscape and Screening Plan.
21. 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.
22. 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.
23. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development, completion, recompletion, re-entry, production, and
maintenance operations associated with existing or future operations located on these
lands.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
26. 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.
2009-0160
PL1996
DEVELOPMENT STANDARDS - MARK BRINKMAN (USR #1667)
PAGE 3
27. 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.
28. 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.
2009-0160
PL1996
Hello