HomeMy WebLinkAbout20082950.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1669 FOR USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(TRUCK PARKING)IN THE A(AGRICULTURAL)ZONE DISTRICT-KELLY AND SALLY
HARMON
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
November, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kelly and Sally Harmon,6435 County Road 6, Brighton, Colorado 80603,
for a Site Specific Development Plan and Use by Special Review Permit#1669 for a Use Permitted
as a Use by Right,Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (truck parking) in the A(Agricultural)Zone District on the following described real estate,
being more particularly described as follows:
Part of the S1/2 SW1/4 of Section 19, Township 1
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said 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.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
property is agricultural in nature with an existing barn utilized as a garage.
Section 23-2-240.A.10 of the Weld County Codes states, "Buffering or
screening of the proposed use from adjacent properties may be required in
2008-2950
(C • /jl- ,- t /71z-� ,f/ PL1987
{ // 626
SPECIAL REVIEW PERMIT#1669 - KELLY AND SALLY HARMON
PAGE 2
order to make the determination that the proposed use is compatible with
the surrounding uses."
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 of the Weld County Code
provides for a Site Specific Development Plan and Use by Special Review
Permit for a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts(truck parking)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 has improvements
consisting of the barn, to be used as a garage to park the company trucks
when they are not in use, the Harmon's residence, and one shed. The
surrounding property is primarily agricultural in nature, with a few homes
located in close proximity. There are eight(8) parcels within 500 feet of the
property. 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 Dacono,
Northglenn, and Thornton, Adams County, and the City and County of
Broomfield. The City of Dacono, City and County of Broomfield, and the
City of Northglenn, in referrals dated August 12,2008,August 19,2008,and
August 28, 2008, respectively, stated they had reviewed the request and
found no conflict with their interests. The City of Thornton, in the referral
dated August 18, 2008, indicated approval of the proposed application, and
Adams County did not return a referral response.
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.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
2008-2950
PL1987
SPECIAL REVIEW PERMIT#1669 - KELLY AND SALLY HARMON
PAGE 3
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 Kelly and Sally Harmon for a Site Specific Development
Plan and Use by Special Review Permit#1669 for a Use Permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts(truck 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 attempt to address the requirements and concerns of the
Farmers Reservoir and Irrigation Company, Bull Canal Ditch Company, as
stated in the referral response dated August 20, 2008. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
B. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as stated in the
referral response dated September 15, 2008. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
C. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1669.
2) The attached Development Standards.
3) The plat shall delineate any signs, in compliance with Chapter 23,
Article IV, Division 2, of the Weld County Code.
4) County Road 6 is designated on the County Road Classification Plan
as a collector roadway, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. A total of 40 feet
from the centerline of County Road 6 shall be delineated on the plat.
The future and existing right-of-way, including the documentation
creating them, shall be delineated on the plat. This road is
maintained by Weld County.
5) The plat shall identify any types of rights-of-way and/or easements
which exist on the site.
6) The applicant shall dedicate an additional twenty (20) feet of
right-of-way, parallel to County Road 6 right-of-way, for future
buildout.
2008-2950
PL1987
SPECIAL REVIEW PERMIT#1669 - KELLY AND SALLY HARMON
PAGE 4
7) A forty(40)foot radius is required on all accesses to public roads for
accesses designed to accommodate truck traffic. A minimum
effective turning radius of forty(40)feet shall be used for accesses
intended to accommodate truck traffic.
D. 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. Prior to operation:
A. The applicant shall provide a written sign-off from the Mountain View Fire
Protection District to the Department of Building Inspection. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
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.
2008-2950
PL1987
SPECIAL REVIEW PERMIT #1669 - KELLY AND SALLY HARMON
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
I` ,� EL, ELD COUNTY, COLORADO
ATTEST: E
� f ""'
m H. Jerkrke, Chair
::::0t;7 ::
• , rorn Board
William F. Garcia
APPR&VED AS T• • : u• EXCUSED
David E. Long
ounty money / --,-,fie- cam✓
Douglas Rademacher
Date of signature: k)115.16_
2008-2950
PL1987
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KELLY AND SALLY HARMON
USR#1669
1. A Site Specific Development Plan and Use by Special Review Permit #1669 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (truck parking) 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. 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.
4. 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.
5. 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.
6. 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.
7. 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.
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. Adequate hand washing and toilet facilities shall be provided for employees at all times.
10. 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.
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
(Mountain View Water).
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
2008-2950
PL1987
DEVELOPMENT STANDARDS - KELLY AND SALLY HARMON (USR #1669)
PAGE 2
13. A building permit application must be completed and two complete sets of 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 be required.
14. A plan review shall be approved and a building permit must be issued prior to the start of
construction.
15. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified, and all property pins shall be staked, prior to the first site
inspection.
16. A letter of approval shall be provided to the Department of Building Inspection, from the
Mountain View Fire Protection District, prior to construction of any structure.
17. If exterior lighting is proposed to be a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.6.6 of the Weld County Code.
18. 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.
19. The hours of operation are 6:00 a.m., to 6:00 p.m., daily.
20. The site shall not have more than four(4) employees at any given time.
21. The application does not propose any portion of the site to be leased to another party. In
the event that a portion of the building is proposed to be leased to another party in the
future, the applicant shall submit a copy of the lease agreement and information regarding
the proposed use of the leased portion to the Weld County Department of Building
Inspection,Mountain View Fire Protection District,and the Department of Planning Services
for review. Based upon the proposed use and/or impacts of the leased portion, the
Department of Planning Services may require an Amended Use by Special Review
application.
22. 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.
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.
2008-2950
PL1987
DEVELOPMENT STANDARDS - KELLY AND SALLY HARMON (USR#1669)
PAGE 3
24. 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.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
27. 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.
28. 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.
29. 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.
2008-2950
PL1987
Hello