HomeMy WebLinkAbout20092367.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1691 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (RECREATIONAL VEHICLE STORAGE) IN THE A (AGRICULTURAL)
ZONE DISTRICT - MARCOS SANCHEZ
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 7th day of
October, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Marcos Sanchez, 3122 58th Avenue, Greeley, Colorado 80634, for a
Site Specific Development Plan and Use by Special Review Permit #1691 for a Use Permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (recreational vehicle storage) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Part of the NW1/4 SW1/4 of Section 23,
Township 5 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 22-2-40.E (UD.Goal 5) states, "The County and municipalities
should strive to coordinate urban land use planning in cooperative
planning areas, including such items as development policies and
standards, zoning, street and highway construction, open space, public
infrastructure and other matters associated with urban development."
The site is located adjacent to the municipal boundaries of, and within the
Urban Growth Boundaries for, the Cities of Evans and Greeley.
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SPECIAL REVIEW PERMIT #1691 - MARCOS SANCHEZ
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Conditions of Approval require the applicant to address the screening and
landscaping requirements of the City of Evans.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.1 of the Weld County
Code provides for a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (recreational
vehicle storage) as a Use by Special Review 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 use borders two
residential subdivisions, located within the Cities of Greeley and Evans to
the north and east. A vacant parcel is located immediately to the north of
the site and single-family residences are located immediately to the east
of the site. A single-family residence is located across 47th Avenue. Two
existing Use by Special Review Permits, for storage of recreational
vehicles and a daycare facility (approved under USR-988 in 1993), and a
kennel facility (approved under USR-1080 in 1995) are located on the two
properties immediately south of the site. A Landscaping and Screening
Plan, along with a Lighting Plan, are Conditions of Approval for this
application.
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. This site is located within the Urban Growth Boundary for
the Cities of Greeley and Evans. The City of Greeley, in the referral
received March 11, 2009, states that the subject site is located within the
City of Evans Long Term Growth Area and that any development should
be completed within the City of Evans, or constructed in accordance with
Development Standards for the City of Evans. The City of Greeley also
requested additional information regarding the retention pond, the number
of daily traffic trips, and the maximum number of RVs to be stored on the
site. The City of Evans, in the referral received March 31, 2009, indicated
the proper method for the development of the property is through
annexation to, and approval of a Use by Special Review by, the City of
Evans. The City of Evans requested the following conditions should this
proposal be approved: 1) Provide a 10 -foot landscaped buffer along the
eastern property line to screen from the existing residential subdivision to
the east consisting of one (1) tree and five (5) shrubs per 500 square feet
of area plus groundcover; 2) Provide and maintain a six-foot high privacy
fence along the east property line; and 3) Connect to City of Evans sewer.
A subsequent e-mail from the City of Evans, received April 30, 2009,
stated that the site is located 150 feet from the nearest sewer connection.
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Conditions of Approval require the applicant to address the
requirements/requests of the Cities of Greeley and Evans.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located 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 proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
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. Section 22-2-20.G.2 of the Weld County Code states,
"Conversion of agricultural land to nonurban residential, commercial and
industrial uses should be accommodated when the subject site is in an
area that can support such development, and should attempt to be
compatible with the region." The site is two (2) acres in size and is
surrounded on three sides by the Cities of Greeley and Evans, which
limits its feasibility to be used for farming operations.
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 Marcos Sanchez, for a Site Specific
Development Plan and Use by Special Review Permit #1691 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(recreational vehicle storage) 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) The attached Development Standards.
2) County Road 33 (47th Avenue) is designated on the Weld County
Road Classification Plan as an arterial roadway. There is
presently 60 feet of right-of-way. An additional 35 feet (for a total
of 65 feet from centerline) shall be delineated on the plat as future
47th Avenue right-of-way, to match the right-of-way widths of the
Cities of Greeley and Evans. This shall be designated on the plat
as the edge of future right-of-way. All setbacks shall be measured
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from the edge of future right-of-way. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way.
If the right-of-way cannot be verified, it shall be dedicated. This
road is maintained by the City of Evans.
3) The approved Landscaping and Screening Plan
4) The parking layout for all RVs, boats, and trailers, which shall
indicate circulation throughout the RV storage area with adequate
turning radii to negotiate larger vehicles.
5) The approved Lighting Plan.
6) The plat shall be labeled USR-1691.
B. The applicant 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
Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services.
If the domestic well will be utilized for the business, the applicant shall
submit evidence from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for the commercial
use. Evidence of such shall be submitted to the Departments of Public
Health and Environment and Planning Services.
D. If the existing City of Greeley water tap is to be utilized for the business,
evidence of approval by the City of Greeley for this use shall be provided
to the Department of Planning Services.
E. In the event the applicant intends to utilize the existing septic system at
the home, for business 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
Department of Public Health and Environment approval shall be
submitted 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 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:
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1) A list of the 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 of
(including the facility name, address, and phone number).
The applicant shall attempt to address the requirements of the City of
Greeley, as outlined in the referral received March 11, 2009. Written
evidence of such shall be provided to the Department of Planning
Services.
H. The applicant shall address the requirements and conditions of the City of
Evans, as stated in the referral received March 31, 2009, with the
exception of Condition #3. Written evidence of such shall be provided to
the Department of Planning Services.
The applicant shall address the requirements of the Department of Public
Works, as outlined in the referral received February 27, 2009. Written
evidence of such shall be provided to the Department of Planning
Services.
J. A Lighting Plan, including cut sheets of the intended lights, shall be
provided to the Department of Planning Services, for review and
approval. The Lighting Plan shall adhere to the lighting requirements for
off-street parking spaces, per Section 23-4-30.E of the Weld County
Code, and shall adhere to the lighting standards, in accordance with
Sections 23-3-360.F and 23-2-250.D of the Weld County Code. Further,
the approved Lighting Plan shall be delineated on the plat.
K. The applicant shall enter into a (Private) Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for all required materials. 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.
L. The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the 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
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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 Use by Special Review Permit was approved by the Board of County
Commissioners, a $50.00 recording continuance charge may be added for each
additional three (3) month period.
4. 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.
5. Prior to the start of any construction, building and/or site alterations, or a change
of occupancy to existing buildings:
A. A building permit application must be completed, and two sets of
complete plans, including engineered foundation plans bearing the wet
stamp of a Colorado registered architect or engineer, must be submitted
for review. A Geotechnical Engineering Report, performed by a Colorado
registered engineer shall also be required.
B. A plan review shall be approved, and a permit must be issued.
A letter from the Union Colony Fire/Rescue Authority shall be provided
indicating whether or not a fire district permit is required.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of October, A.D., 2009.
ATTEST:
Weld County Clerk to t
BY
Deputy Cler o the Boar
APP
i
Date of signature: g
ounty Attorney
BOARD OF COUNTY COMMISSIONERS
WELD CQUN'TI'. COLORADO
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ougl Rademac er, Pro -Tern
LILA
a Kirkmeyer
David E. Long
2009-2367
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARCOS SANCHEZ
USR-1691
1. The Site Specific Development Plan and Use by Special Review Permit #1691 is for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (recreational vehicle storage) 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.
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. One full-time employee (office manager) is to be on -site.
5. The hours of operation for the on -site office shall be from 8:00 a.m., to 4:00 p.m. The
recreational vehicle storage lot shall be open 24 -hours per day with a keyed access
gate.
6. Any liquid or solid wastes, as defined in the Solid Waste Disposal Sites and Facilities
Act, Title 30, Article 20, Part 1, C.R.S., shall be stored and removed for final disposal in
a manner which protects against surface and groundwater contamination.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall comply with the approved Fugitive Dust Control Plan.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, 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. 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.
11. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
12. Adequate hand washing and toilet facilities shall be provided for patrons of the facility, at
all times.
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13. 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.
14. There shall be no disposal of sewage or wastewater at this facility.
15. The facility shall utilize the existing public water supply (City of Greeley) or an
appropriately permitted individual well.
16. 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.
17. Prior to the start of any construction, alterations, or change of occupancy to existing
buildings:
a. A building permit application must be completed, and two sets of complete plans,
including engineered foundation plans bearing the wet stamp of a Colorado
registered architect or engineer must be submitted for review. A Geotechnical
Engineering Report, performed by a Colorado registered engineer shall also be
required.
b. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
c. A letter from the Union Colony Fire/Rescue Authority shall be provided indicating
whether or not a fire district permit is required.
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 proposed lots 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. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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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. 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.
26. 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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