HomeMy WebLinkAbout20091647.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1696 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (AUTO SALES, SALVAGE, SERVICES, AND REPAIR) IN THE
A (AGRICULTURAL) ZONE DISTRICT - MANUEL AND ANITA BALDERAS
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 22nd day
of July, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Manuel and Anita Balderas, 2732 County Road 27, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit #1696 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial and Industrial Zone Districts (auto sales, salvage, services, and repair) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption #2012; being part of
the E1/2 NE1/4 of Section 30, Township 2 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 23-2-230.6 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 22-2.20.G.2 (A.Policy 7.2) 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 currently has a single family residence and two outbuildings. The
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applicant is proposing to construct a new building (60 -foot by 100 -foot) on
the site for the business. The site is currently fenced and all outdoor
storage of materials will be located within the screened area. The
property is serviced by a commercial well and an individual sewage
disposal system. The property is currently in violation (ZCV08-00385)
due to the operation of M & B Towing and salvage yard without first
obtaining the appropriate zoning permits. The surrounding properties are
zoned A (Agricultural) and there are five property owners within 500 feet
of the site. Approval of this Permit will make the use compatible with the
region, since the outdoor storage of materials will be located in a
screened area. No comments have been received from surrounding
property owners. Three letters of support were submitted with the
application materials from the Colorado State Patrol, City of Brighton
Police Department, and the City of Fort Lupton Police Department.
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.R allows for any use
permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts, in the A (Agricultural) Zone
Districts.
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 are primarily zoned A (Agricultural). There are two properties
located northeast of the site which are zoned 1-3 (Industrial) and are being
utilized for industrial uses. The City of Fort Lupton is located
approximately one-half of a mile to the south. The closest residence is
located approximately one -quarter of a mile to the west. U.S. Highway 85
is adjacent to the property to the east. A gravel pit (AmUSR-1255) is
located approximately one-half of a mile to the west. The proposed use
will be compatible with the region, since the outdoor storage of materials
will be located within a screened area. The property is located within the
three-mile referral area for the City of Fort Lupton; however, no comments
were received.
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 Conditions of Approval and Development Standards
will ensure that the use will be compatible with existing surrounding land
uses. The outdoor storage of materials will be kept in an opaque
screened area.
e. Section 23-2-230.B.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
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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 subject site is primarily classified as "prime" land as
delineated on the Important Farmlands of Weld County Map, dated 1979.
The property is approximately 3.5 acres in size and is not currently being
utilized for agricultural purposes.
g
Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. 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 Manuel and Anita Balderas, for a Site Specific
Development Plan and Use by Special Review Permit #1696 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial and Industrial Zone Districts
(auto sales, salvage, services, and repair) 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 Dust Abatement Plan, for on -site dust, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment, for review and approval. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N) and Emission Permit application from the Air Pollution Control
Division of the Colorado Department of Public Health and Environment, if
applicable. Alternately, the applicant may provide evidence from the
APCD that they are not subject to these requirements. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
C. In the event that one or more acres are disturbed during the construction
and development of this site, the applicant shall obtain a Stormwater
Discharge Permit from the Water Quality Control Division of the Colorado
Department of Public Health and Environment. Evidence of approval
shall be submitted to the Weld County Department of Planning Services.
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The applicant shall submit a Waste Handling Plan, for approval, to the
Environment 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, at a
minimum, shall include 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).
E. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated March 30, 2009. Written
evidence of such shall be submitted to the Department of Planning
Services.
F. The applicant shall address the requirements of the Department of
Planning Services, as stated in the Landscape referral dated March 18,
2009. Written evidence of such shall be submitted to the Department of
Planning Services.
G. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral response dated April 16,
2009. Written evidence of such shall be submitted to the Department of
Planning Services.
H. The applicant shall address the requirements of the Fort Lupton Fire
Protection District, as stated in the referral response dated March 27,
2009. Written evidence of such shall be submitted to the Department of
Planning Services.
The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the referral response dated April 16, 2009.
Written evidence of such shall be submitted to the Department of
Planning Services.
J. The applicant shall submit an Improvements Agreement, with an itemized
Exhibit A and Exhibit B, to the Department of Planning Services, for
review. The agreement and form of collateral shall be reviewed by
County staff and accepted by the Board of County Commissioners prior to
recording the Use by Special Review plat. Alternately, the applicant may
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submit evidence that all the work has been completed and approved by
the Departments of Planning Services and Public Works.
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1696.
B. The attached Development Standards.
C. The existing and future right-of-way for U.S. Highway 85 shall be
delineated on the plat. Accesses to the subject property shall be subject
to, and consistent with, the U.S. Highway 85 Access Plan.
D. County Road 18 is designated on the Weld County Road Classification
Plan as a collector status road, which requires 80 feet of right-of-way.
There is presently 60 feet of right-of-way. The applicant shall verify and
delineate the existing and future right-of-way on the plat.
E. The location of the dumpsters and enclosures shall be delineated on the
plat.
F. The primary and secondary septic system locations do not need to be
delineated on the plat, therefore, they can be removed.
The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
3. Prior to issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the proposed site
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
be designed by a Colorado registered professional engineer according to
the Weld County I.S.D.S. Regulations. Evidence of approval shall be
submitted to the Weld County Department of Planning Services.
4. Upon completion of Conditions of Approval #1 and #2 above, the applicant 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 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.
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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. 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.
7. 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 22nd day of July, A.D., 2009.
ATTEST:
LA/
Weld County Clerk to t
BY:
Deputy Cler o the Board
APP' s v D AS TO F
unty Attor
Date of signature: 2 6p(J 9
BOARD OF COUNTY COMMISSIONERS
WELD COUNII COLORADO
William F. Garcia, Chair
(am—rinc-rr
Dougla� Radema
Sean P. Conway
David E. Long
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her, Pro-Tem
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MANUEL AND ANITA BALDERAS
USR #1696
1. A Site Specific Development Plan and Use by Special Review Permit #1696 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (auto sales, salvage, services, and repair) 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 hours of operation are 9:00 a.m., to 5:00 p.m., Monday through Friday; 8:00 a.m.,
to 2:00 p.m., on Saturday; and closed on Sunday and holidays. Towing services will be
conducted 24 hours a day, seven (7) days a week.
4. No more than ten (10) employees are permitted on the site
5. 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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. 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.
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
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
12. 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.
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13. Adequate portable toilet facilities and hand washing units shall be provided during the
construction of the facility. Any portable toilet facilities and hand washing units provided
shall be made available for use by all persons who enter the subject property.
14. Bottled water shall be utilized for drinking during construction of the project. Any bottled
water provided shall be made available for use by all persons who enter the subject
property.
15. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
16. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing commercial well (Permit 67171-F).
17. All 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.
18. This application is proposing a well as its source of water. The applicant shall be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards, as defined by
the Colorado Department of Public Health and Environment. The Department of Public
Health and Environment strongly encourages the applicant to test the drinking water
prior to consumption, and periodically thereafter.
19. The existing home on the site shall remain as a residential use; no commercial use is
allowed.
20. A building permit including the commercial facilities shall be applied for within six months
of the approval date.
21. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. 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.
25. The site shall adhere to the lighting regulations as outlined in Section 23-2-160.U.6 of
the Weld County Code.
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26. The applicant shall adhere to the approved Screening Plan.
27. No parking or staging is allowed on County Roads or State/U.S. Highways.
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. Building permits shall be obtained prior to the construction of any building. Buildings
which meet the definition of an Agricultural Exempt Building, per the requirements of
Sections 29-1-20 and 29-3-20.8.13 of the Weld County Code, do not need building
permits; however, a Certificate of Compliance must be filed with the Department of
Planning Services, and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
31. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application.
32. All building plans shall be submitted to the Fort Lupton Fire Protection District, for review
and approval, prior to the issuance of building permits.
33. 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.
34. 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.
35. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Development 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.
36. 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.
37. 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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