HomeMy WebLinkAbout20082778.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1668 FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE
IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (ASSEMBLE WALL
COMPONENTS FOR LAUNDROMATS AND A SECONDARY RESIDENCE) IN THE
A(AGRICULTURAL)ZONE DISTRICT-JOSEPH AND BONNIE RUTLEDGE, C/O PETE
AND HEATHER VALCONESI
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 29th day of
October, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Joseph and Bonnie Rutledge, 2474 West 880 North, Hurricane, Utah
84737-3473,do Pete and Heather Valconesi,21769 County Road 15,Johnstown,Colorado 80534,
for a Site Specific Development Plan and Use by Special Review Permit#1668 for a Use Permitted
as a Use by Right or Accessory Use in the Commercial or Industrial Zone Districts (assemble wall
components for laundromats and a secondary residence) in the A (Agricultural)Zone District, on
the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #4254; being part of
the NE1/4 of Section 14, Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was present and represented by Sheri Lockman, Lockman Land
Consulting, LLC, 36509 County Road 41, Eaton, Colorado 80615, 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 22-2-150.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
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proposed assembly structure is planned to resemble a horse barn with
stucco siding, rock wainscoting and large wood pillars. The surrounding
property is primarily agricultural in nature, with a few homes in close
proximity, and six parcels within 500 feet of the property.
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
order to make the determination that the proposed use is compatible with
the surrounding uses." As a Condition of Approval the applicant will be
required to screen the use from adjacent properties and rights-of-way. The
Conditions of Approval and Development Standards will ensure that the
proposed use will be compatible with the vicinity.
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 Uses Permitted as a Use by Right or Accessory Use in the
Commercial or Industrial Zone Districts (assemble wall components for
laundromats), and Section 23-3-40.L provides for a secondary residence 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 surrounding properties are
agricultural in nature, with rural residences. The Town of Berthoud has
annexed the property to the southwest of the site, and these lands are
approved for a residential subdivision; however, no development has
occurred and land continues to be farmed. The location of the assembly
structure will have little, if any, effect on adjacent neighbors, given the
topography. 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 Towns of
Berthoud and Johnstown, and Larimer County. The Town of Berthoud, in
the referral dated September 9, 2008, stated, "The Berthoud
Comp[rehensivej Plan shows the area as Low-Density Residential, but the
Town has no objection to proposal." Larimer County returned a referral,
dated September 10, 2008, indicating no conflict, and the Town of
Johnstown did not return a referral.
e. Section 23-2-230.6.5 -- 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
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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
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 Joseph and Bonnie Rutledge, c/o Pete and Heather
Valconesi, for a Site Specific Development Plan and Use by Special Review Permit#1668 for a
Use Permitted as a Use by Right or Accessory Use in the Commercial or Industrial Zone Districts
(assemble wall components for laundromats and a secondary residence) 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 detailed Sign Plan, in compliance with
Chapter 23, Appendix 23-C, of the Weld County Code, to the Weld County
Department of Planning Services, for review and approval.
B. The applicant shall address the requirements and concerns of the Little
Thompson Water District, 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.
C. The applicant shall address the requirements and concerns of the
Johnstown Fire Protection District, as stated in the referral response dated
August 29, 2008. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated September 5, 2008, including, but not limited to, Final Drainage
Construction and Erosion Control Plans. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
E. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as stated in the
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referral response dated September 4, 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 Department of Building Inspection,as stated in the referral response
dated September 4, 2008. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
G. The applicant shall submit a Dust Abatement Plan, addressing vehicle
traffic, for review and approval, to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
Evidence of acceptance shall be submitted, in writing, to the Weld County
Department of Planning Services.
H. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions 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 acceptance
shall be submitted, in writing, to the Weld County Department of Planning
Services.
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 acceptance shall be submitted,
in writing, to the Weld County 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
shall 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).
J. The applicant shall submit written evidence to the Departments of Planning
Services and Public Health and Environment, from the Little Thompson
Water District, demonstrating that water is available for the business and for
a second residence.
K. The applicant shall provide all drainage/stormwater calculations for the
proposed water quality feature, as the mentioned Drainage Report was not
included in the application materials.
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L. The applicant shall submit a Landscape and Screening Plan for the site.
The Plan, at a minimum, shall include the existing and future plant material,
including the proposed fencing,lighting,screening,and landscape treatment
from adjacent properties. The Plan shall include the method of screening
the outdoor storage of vehicles, equipment, or materials from adjacent
properties and future rights-of-way. The applicant shall maintain compliance
with Section 23-2-250.B.7 of the Weld County Code at all times.
M. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements, or, enter into an 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.
N. The applicant shall submit a letter to the Department of Planning Services
requesting the vacation of Use by Special Review Permit #739, for a
200-dog Kennel which presently encumbers this property.
O. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1668.
2) The attached Development Standards.
3) The plat shall delineate any signs, in compliance with Chapter 23,
Appendix 23-C, of the Weld County Code.
4) County Road 46 is designated on the County Road Classification
Plan as a collector road, 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 46 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) 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.
6) The applicant shall provide a Lighting Plan. Should exterior lighting
be a part of this facility, all light standards shall be delineated on the
plat and be in accordance with Section 23-3-250.B.6 of the Weld
County Code.
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7) The Department of Planning Services has determined from the
application materials that eleven (11) parking spaces, and one (1)
parking space which meets the requirements of the Americans with
Disabilities Act (ADA), 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.
8) The approved Landscape and Screening Plan.
P. 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 Johnstown Fire
Protection District, to the Department of Building Inspection.
B. 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 the CDPHE that they are not subject
to the CDPS requirements. Written evidence of approval shall be submitted
to the Department of Planning Services.
5. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and is required to be designed by a Colorado registered
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professional engineer. The system shall be designed and installed
according to the Weld County I.S.D.S. Regulations.
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 29th day of October, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
IF, 17 WELD COUNTY, COLORADO
ATTEST:
;42 Iliam H. Jerke, Chair
Weld County Clerk to the Bpbrds % > 1_
EjXCUSED
obert D n, Pro-Tem
BY: y l I t li —
Dep ty Cle to the Boar
Will . Ga 'a
P VEDAS ��—
David E. Long
4
County Attorney L--_
Douglas Rademache '
Date of signature: (C%
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOSEPH AND BONNIE RUTLEDGE
C/O PETE AND HEATHER VALCONESI
USR#1668
1. A Site Specific Development Plan and Use by Special Review Permit #1668 is for a Use
Permitted as a Use by Right or Accessory Use in the Commercial or Industrial Zone
Districts (assemble wall components for laundromats [High Mark Manufacturing, Inc.] and
a secondary residence) in the A (Agricultural) Zone District, 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. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. The facility shall be operated in accordance with the approved Dust Abatement Plan at all
times.
8. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
9. This facility shall adhere to the maximum permissible noise level allowed in the Commercial
Zone District, as delineated in Section 14-9-10 of the Weld County Code.
10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
11. 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.
12. A permanent, adequate water supply shall be provided for drinking and sanitary purpose.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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14. A building permit shall be obtained prior to the construction of any new building, addition,
or remodel of existing buildings. A building permit is required for change of use of any
existing buildings.
15. A plan review is required for each building for which a building permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets
of plans are required when applying for each permit.
16. Structures 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.
17. 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.
18. 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.
19. A letter of approval shall be provided to the Department of Building Inspection, from the
Johnstown Fire Protection District, prior to construction of any structure.
20. 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.B.6 of the Weld County Code.
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. The normal hours of operation are 7:00 a.m., to 5:30 p.m., Monday through Saturday, with
occasional periods of 24-hour operation.
23. The site shall not have more than six (6) employees at any given time.
24. The living quarters located in the building associated with the assembling of wall
components shall be utilized by employees of the company or by the Valconesi family only.
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25. The second single family residence shall be for the Valconesi family only.
26. 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,Johnstown 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 Permit
application.
27. 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.
28. 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.
29. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscaping and Screening Plan.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. 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.
34. 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.
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35. 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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