HomeMy WebLinkAbout20091632.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1651 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (LAWN AND TREE CARE BUSINESS) IN THE A (AGRICULTURAL)
ZONE DISTRICT - JAY AND SHERRIE WOODS
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 12th day
of August, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Jay and Sherrie Woods, 2500 West F Street, Greeley, Colorado
80631, for a Site Specific Development Plan and Use by Special Review Permit#1651 for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (lawn and tree care business) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Part of the SW1/4 SE1/4 of Section 36, Township 6
North, Range 66 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 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
Section 22-2-60.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 parcel is only 2.5 acres in size and is located within the
100 -year floodplain, which makes it impractical for farming. Though there
is an existing City of Greeley sewer line located within 400 feet of the
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SPECIAL REVIEW PERMIT #1651 - JAY AND SHERRIE WOODS
PAGE 2
south property line, the existing business office and facilities are located
approximately 600 feet from the sewer line. The attached Conditions of
Approval and Development Standards ensure that this development will
be compatible with the surrounding area.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-2-20.R of the Weld County
Code provides for any use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a lot in an approved or recorded
subdivision plat, or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions 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 site is adjacent to
the City of Greeley municipal boundaries (vacant land) to the west, a
single-family residence [zoned R-1 (Residential)] to the west, two
single-family residences [zoned R-1 (Residential)] to the north and west,
and an industrial operation [zoned 1-3 (Industrial)] to the northeast.
Railroad tracks and single-family residences located within the City of
Greeley are located to the south. The attached Conditions of Approval
and Development Standards will ensure that the use is compatible with
the existing surrounding land uses. The applicant will be required to
submit a Screening Plan as a Condition of Approval.
Section 23-2-230.6.4 -- 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 located within the Urban Growth Boundary
of the City of Greeley. Section 22-2-110.C of the Weld County Code
states the following criteria shall be considered when considering an
application in an urban growth boundary area:
a. UGB.Policy 3.1 -- The County may consider approving a land use
development within an urban growth boundary area if all of the
following criteria are met:
1) UGB.Policy 3.1.1 -- The adjacent municipality does not
consent to annex the land or property in a timely manner,
or annexation is not legally possible.
2) UGB.Policy 3.1.2 -- The proposed use, including public
facility and service impacts, is compatible with Chapter 22
and with other urban type uses.
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SPECIAL REVIEW PERMIT #1651 - JAY AND SHERRIE WOODS
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3) UGB.Policy 3.1.3 -- The proposed use attempts to be
compatible with the adjacent municipality's comprehensive
plan.
The City of Greeley, in its referral dated February 29, 2008, and letter
dated March 20, 2008, states that it would be more appropriate for the
applicant to annex and develop within the City of Greeley; however, in its
current state, any annexation would have to be petitioned by the property
owner. The City of Greeley also indicated that the proposed use would
be required to locate in the Commercial High Intensity (C -H), Industrial
Low Intensity (I -L), or Industrial Medium Intensity (I -M) Zone Districts.
The adjacent property to the west was recently annexed into the City of
Greeley and zoned Industrial Medium Intensity (I -M).
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The USR area is in a Special Flood
Hazard Area (SFHA), as determined by a study from the U.S. Army Corp
of Engineers/City of Greeley Study. Per Code of Federal Regulation Title
44, Section 59.1, development is defined as "any man-made change to
improved or unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials." A Flood
Hazard Development Permit will be required to be submitted and
approved for any development in the SFHA. 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. The property is only 2.5 acres in size and has an existing
residence/office and shop buildings. The property is too small to be
considered viable for 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
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
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SPECIAL REVIEW PERMIT #1651 - JAY AND SHERRIE WOODS
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Jay and Sherrie Woods, for a Site Specific
Development Plan and Use by Special Review Permit #1651 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(lawn and tree care 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. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1651.
B. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1651.
2. The attached Development Standards.
3. The approved Screening Plan.
4. C and F Streets are arterial roads and require 140 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. Seventy (70) feet from the centerlines of C and
F Streets shall be indicated as the edge of future right-of-way.
These roads are maintained by Weld County. Pursuant to the
definition of setback in the Weld County Code, the required
setback is measured from the future right-of-way line.
C. The applicant shall submit a Dust Abatement Plan, to address parking
area and dust pile concerns, for review and approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. Written evidence of Department of
Public Health and Environment approval shall be provided to the
Department of Planning Services.
D. The applicant intends to utilize the existing septic system at the home for
employee use; therefore, 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. Written evidence of
Department of Public Health and Environment approval shall be provided
to the Department of Planning Services.
E. A copy of the Commercial Applicators license, from the Colorado
Department of Agriculture, shall be provided to the Environmental Health
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SPECIAL REVIEW PERMIT #1651 - JAY AND SHERRIE WOODS
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Services Division of the Weld County Department of Public Health and
Environment. Written evidence of such shall be provided to the
Department of Planning Services.
F. 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 Department of Public
Health and Environment approval shall be submitted 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 to be stored on the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number)
G. The applicant shall address the requirements of the Department of
Planning Services, as stated in the landscape referral dated February 1,
2008. Written evidence of such shall be provided to the Department of
Planning Services.
H. The applicant shall address the recommendations of the Weld County
Sheriff's Office, as stated in the referral dated February 22, 2008. Written
evidence of such shall be provided to the Department of Planning
Services.
The applicant shall attempt to address the recommendations and
requirements of the City of Greeley, as stated in the referral dated
February 29, 2008, and letter dated March 20, 2008. Written evidence of
such shall be provided to the Department of Planning Services.
J. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral dated February 28, 2008. Written
evidence of such shall be provided to the Department of Planning
Services.
K. The two (2) existing pole frame buildings which are currently permitted as
private storage buildings will require a Change of Use permit for the new
use. The office area in the existing residence will require a building
permit and will need to comply with Chapter 34 of the International
Building Code, as well as have an accessible entrance. The applicant
shall provide a letter of approval from the Union Colony Fire Protection
District prior to applying for building permits. Evidence that these building
permits have been applied for shall be provided to the Department of
Planning Services.
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L. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval.
The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for all required improvements. The Improvements Agreement
will not be needed if the necessary improvements are done to the
satisfaction of the Departments of Public Works and Planning Services.
The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. One month prior to construction activities:
A. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) permit from the Colorado Department of Public Health
and Environment (CDPHE), Water Quality Control Division, to cover
stormwater discharges from construction sites (5 CCR-1002-61).
Alternately, the applicant may provide evidence from CDPHE that they
are not subject to the CDPS requirements.
3. Prior to Certificate of Occupancy:
A. If an Individual Sewage Disposal System (I.S.D.S.) is installed for the
proposed shop and/or proposed house, it shall be installed according to
the Weld County I.S.D.S. Regulations.
B. The septic system for the proposed shop, if the shop is utilized as part of
the business, is required to be designed by a Colorado registered
professional engineer, according to the Weld County I.S.D.S.
Regulations.
4. 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.
5. 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.
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SPECIAL REVIEW PERMIT #1651 - JAY AND SHERRIE WOODS
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6. 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 12th day of August, A.D., 2009.
ATTEST: g"svy
Weld County Clerk to the
BY:
Deputy Clerk to the Bo
Date of signature:
142
David E. Long
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FXCt1SFD
illiam F. Garcia, Chair
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Sea P. Conway
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAY AND SHERRIE WOODS
USR #1651
1. The Site Specific Development Plan and Use by Special Review Permit #1651 is for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (lawn and tree care business), provided that the
property is not a lot in an approved or recorded subdivision plat or lots part of a map or
plan filed prior to adoption of any regulations controlling subdivisions, 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 operation shall be limited to ten (10) vehicles and a twenty (20) foot trailer
(two (2) ranger pickups and eight (8) one ton trucks).
4. All outdoor storage and vehicle parking shall be screened from adjacent properties by an
opaque privacy fence. Outdoor storage shall not extend above the top of the privacy
fence.
5. Employees shall be limited to a total of fifteen (15).
6. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final
manner that protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site. This is
include those wastes specifically excluded from the definition of a solid
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
and Facilities
disposal in a
not meant to
waste in the
8. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, blowing debris, and other potential nuisance conditions.
9. The facility 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. The facility shall have sufficient equipment available to implement dust control as
required by the Weld County Department of Public Health and Environment.
12. The 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.
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13. Adequate hand washing and toilet facilities shall be provided for the employees and
patrons of the facility, at all times.
14. 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.
15. The facility shall utilize the existing public water supply (City of Greeley).
16. 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.
17. 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.
18. Building permits shall be obtained prior to the construction of any new building.
Buildings may require an engineered foundation based on a site -specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
19. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
20. Fire resistance of walls and openings, construction requirements, maximum building
height, and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code.
21. A letter of approval from the Union Colony Fire Protection District shall be provided to
the Department of Building Inspection, prior to applying for any building permits.
22. 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.
23. 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.
24. The applicant must take into consideration stormwater quantity capture and provide
accordingly for Best Management Practices.
25. Direct access from a public road will be limited to one (1) per legal parcel, except as
further limited or restricted by zoning or subdivision regulations. Additional accesses
may be approved by the Department of Public Works or the Board of County
Commissioners. This policy shall apply to all new and existing accesses within the
unincorporated areas of Weld County. Properties within municipalities or other counties
which access County roads are subject to this policy.
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26. A Flood Hazard Development Permit will be required for any development on the site.
Per Code of Federal Regulation Title 44, Section 59.1, development is defined as "any
man-made change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials."
27. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. 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.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. 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.
33. 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.
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