HomeMy WebLinkAbout20080340.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1626 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(HEAVY DUTY TRUCK AND EQUIPMENT REPAIR) IN THE A(AGRICULTURAL)ZONE
DISTRICT- JEFFREY SEEWALD
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 20th day of
February, 2008, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Jeffrey Seewald, 17216 County Road 13, Platteville, Colorado 80651, for a Site
Specific Development Plan and Use by Special Review Permit#1626 for a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(heavy duty truck and equipment repair) in the A (Agricultural) Zone District on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #1710; being part of
the S1/2 SW1/4 of Section 6, Township 3 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.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 22-2-150.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
Conditions of Approval and Development Standards will ensure that the
proposed use will be compatible with the region. The surrounding property
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is primarily agricultural in nature, with a few homes in close proximity.
Section 23-2-240.A.10 of the Weld County Codes states, "...that 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 completely screen the use from adjacent properties and
rights-of-way.
b. Section 23-2-230.6.2--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, an Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts(heavy duty truck and equipment
repair) 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. There is currently a single family
home and large outbuilding on the site. The surrounding property is
primarily agricultural in nature, with a few homes located to the north in
close proximity.
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 Milliken, Berthoud,
Johnstown, and Mead. The Town of Milliken, in its referral dated
October 28, 2007, stated the site is not located within its growth area. The
Town of Mead, in its referral dated October 10, 2007, stated the application
for a heavy commercial/industrial use does not comply with its
Comprehensive Plan, which designates the area as Very Low Density
Residential. Further, the continued operation of this use will make it difficult
for adjacent properties to develop into residential use, therefore, the Town
of Mead is requesting this permit not be approved. If approved, the Town
asks that the County ensure there is adequate sight distance for the
entrance on County Road 13, require proper hazardous waste containment
for petroleum or other chemicals that may come off of vehicles, and provide
screening around the parking area and non-residential buildings to buffer
adjacent properties from noise, light, and visual impacts. No response was
received from the Towns of Berthoud or Johnstown.
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 23-2-230.6.6 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,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 Jeffrey Seewald for a Site Specific Development Plan and
Use by Special Review Permit#1626 for a Use Permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts (heavy duty truck and
equipment 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 detailed Sign Plan, in compliance with
Chapter 23, Division 2, of the Weld County Code, to the Weld County
Department of Planning Services for review and approval.
B. Section 22-5-100.A of the Weld County Code states, "Oil and gas
exploration and production should occur in a manner which minimizes the
impact to agricultural uses and the environment and reduces the conflicts
between mineral development and current and future surface uses."
Section 22-5-100.B of the Weld County Code states, "...encourage
cooperation, coordination, and communication between the surface owner
and the mineral owner/operators of either the surface or the mineral estate."
Section 22-5-100.6.1 of the Weld County Code also states, "New
development should be planned to take into account current and future oil
and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." The applicant shall either submit a copy of an
agreement with the property's mineral owner/operators, stipulating that the
oil and gas activities have been adequately incorporated into the design of
the site, or, show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes may
be delineated on the plat, in accordance with State requirements, as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
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C. The applicant shall attempt to address the requirements and concerns of the
Johnstown Fire Protection District, as stated in the referral response dated
October 10, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall attempt to address the requirements and concerns of the
Town of Mead, as stated in the referral response dated October 10, 2007.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriff's Office, as stated in the referral response dated
November 9, 2007. 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 Public Works, as stated in the referral response
dated September 24, 2007. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
G. 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 October 16, 2007. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
H. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services Landscape referral, dated
September 14, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection, as stated in the referral response
dated September 10, 2007. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
J. The applicant shall submit a Property Maintenance Plan, for review and
approval, to the Department of Planning Services. The Maintenance Plan
shall be in compliance with Section 23-2-250.B.7 of the Weld County Code.
K. 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 approval from the Department
of Public Health and Environment 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).
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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).
L. In the event the applicant intends to wash vehicles or equipment on the site,
the following shall apply:
1) The applicant shall provide a detailed Design and Operation Plan of
the area used for equipment or vehicle washing. The washing area
shall be designed and constructed to capture all effluent and prevent
any discharges in accordance with the rules and regulations of the
Water Quality Control Commission and the Environmental Protection
Agency. Evidence of approval from the Department of Public Health
and Environment shall be submitted to the Department of Planning
Services.
M. The applicant shall complete all proposed improvements, including those
regarding 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 plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1626.
2) The attached Development Standards.
3) County Road 13 is designated on the County Road Classification
Plan as a strategic road, which requires 140 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. A total of 70
feet from the centerline of County Road 13 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.
4) The existing access shall be utilized. No new accesses are allowed.
A 40-foot radius is required on all accesses to public roads for
accesses designed to accommodate truck traffic. The applicant
shall submit a plan demonstrating the turning radii onto and off of
County Road 13 to the Department of Public Works for review and
approval. Evidence of approval shall be submitted to the
Department of Planning Services. The plat shall delineate the
approved adequate turning radii onto and off of County Road 13.
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5) The plat shall identify any types of rights-of-way and/or easements
which exist on the site.
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.
7) The location of the dumpster shall be delineated on the plat.
8) The applicant shall provide a Parking Plan that designates parking
spots for employees, customers, and business/delivery trucks. The
parking locations shall be dimensioned and shown according to
Section 23-2-260 of the Weld County Code.
9) The Department of Planning Services has determined from the
application materials that seven (7) parking spaces and one (1)
Americans with Disabilities Act(ADA)parking space 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.
10) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete, or the equivalent, and shall
be graded to prevent drainage problems. The location and type of
surfacing material shall be delineated on the plat.
O. 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.
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4. Prior to the issuance of the Certificate of Conveyance:
A. The applicant shall provide a written sign-off from the Johnstown Fire
Protection District to the Department of Planning Services.
B. According the applicant, the bathroom facilities are planned for the office
building. An individual sewage disposal system is required for the existing
office building, and shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations.
C. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County I.S.D.S. Regulations.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of February, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/� WELD COUNTY, COLORADO
ATTEST: , , E �y� �z��-G
n nt
.rte m H. Jerke, Chair
Weld County Clerk to the B ' 47ct— \jj
CC ‘ R bert . M en, Pro-Tem
BY: �"- � J �2 j /�
Deputytlerk to the Board
Willia Garcia
ABPRe D AS T 0> G1 CX
David E. Long �/
ounty ttorney 0„ (e--)2404-41-)
Dougl2s Radem_ her
- 7
Date of signature: }
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JEFFREY SEEWALD
USR#1626
1. A Site Specific Development Plan and Use by Special Review Permit #1626 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (heavy duty truck and equipment 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. 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. 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. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
9. 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.
10. Adequate hand washing and toilet facilities shall be provided for employees. The
employees shall be allowed to use the toilet facilities located in the office.
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. The facility shall utilize the existing public water supply(Little Thompson Water District).
13. 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.
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14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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 a change of use of any
existing buildings.
16. 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 with applying for each permit.
17. 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, 2005 National Electrical Code, and
Chapter 29 of the Weld County Code.
18. New structures will 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. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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,
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diversions, concentration, and/or unplanned ponding of storm runoff. The applicant must
take into consideration stormwater capture/quantity and provide accordingly for Best
Management Practices.
25. The hours of operation are 7:00 a.m., to 6:00 p.m., Monday through Saturday.
26. There shall not be more than four(4) employees on the site at any given time.
27. 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.
28. 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.
29. 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.
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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