HomeMy WebLinkAbout20070536.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1556 FOR A USE PERMITTED ASA USE BY RIGHT,ACCESSORYUSE,OR
USE BY SPECIAL REVIEW IN THE COMMERCIALOR INDUSTRIALZONE DISTRICTS
(MECHANIC SHOP) IN THE A (AGRICULTURAL)ZONE DISTRICT - LELAND AND
JULEE RIDNOUR
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 21st day of
March,2007,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Leland and Julee Ridnour, 4961 Weld County Road 24.75, Longmont, Colorado
80504, for a Site Specific Development Plan and Use by Special Review Permit#1556 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (mechanic shop) in the A (Agricultural) Zone District on the following
described real estate, being more particularly described as follows:
Part of the NE1/4NE1/4 of Section 2, Township 2
North, Range 68 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not effect the productivity of the site.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1556 - LELAND AND JULEE RIDNOUR
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c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses.
d. Section 23-2-230.6.4--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.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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 23-2-230.6.7 -- 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 Leland and Julee Ridnourfor a Site Specific Development
Plan and Use by Special Review Permit#1556 for a Use Permitted as a Use by Right,Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts(mechanic shop) 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. All sheets of the plat shall be labeled USR-1556.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
3) Weld County Road 24.75 is designated, on the Weld County
Roadway Classification Plan,as a local road,which requires 60 feet
of right-of-way at full buildout. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 24.75 shall be delineated on the plat. 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.
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4) Weld County Road 9.75 is designated,on the Weld County Roadway
Classification Plan, as a local road, which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way.
A total of 30 feet from the centerline of Weld County Road 9.75 shall
be delineated on the plat. 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 Town of Firestone.
5) This facility shall adhere to the number of on-site parking spaces in
Appendix 23-B of the Weld County Code. The number of on-site
parking for the facility shall be nine (9) spaces, with a minimum of
nine(9)additional spaces for overflow parking. Further,the applicant
shall delineate curb stops for the parking spaces shown on the plat.
6) The internal site circulation and parking areas shall be accurately
delineated on the plat. Parking stalls shall be delineated on the plat,
including the internal circulation. All internal circulation travel lanes
shall be unencumbered and provide a minimum width of twenty(20)
feet to accommodate emergency responders.
7) Any approved signs, if applicable.
8) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
C. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required improvements. 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. The Improvements Agreement
will not be needed i f the necessary improvements are done to the
satisfaction of the Departments of Public Works and Planning Services.
D. 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 approval shall
be submitted to the Department of Planing Services.
E. 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 shall be submitted to
the Department of Planing 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).
F. The applicant shall submit written evidence to the Department of Planning
Services from the Mountain View Fire Protection District and the Department
of Building Inspection stating that the existing buildings utilized as mechanics
shops are in compliance with their requirements.
G. The applicant shall submit written evidence to the Department of Planning
Services from the Mountain View Fire Protection District that the existing
tanks used for gasoline,waste oil,anti freeze,etcetera, have been approved
for use by the Mountain View Fire Protection District.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to issuance of Building Permits:
A. A building permit shall be obtained prior to the construction of any new
building and change of use of the existing building.
B. All existing out buildings to be used in the business are required to obtain
building permits for any change of use. All buildings will require a plot plan
showing the exact location of buildings on the property;a floor plan of each
building with dimensions of each portion of building;a description of specific
uses of all areas, existing and proposed; the type of construction for each
building; and the type of heating equipment and size of electrical service.
C. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan and bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. The applicant shall include a Code
Analysis Data sheet, provided by the Weld County Department of Building
Inspection. New construction 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.
D. Buildings 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: 2003 International Building Code, 2003 International
Mechanical Code,2003 International Plumbing Code,2003 International Fuel
Gas Code, 2002 National Electrical Code, and Chapter 29 of the Weld
County Code.
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E. The applicant shall submit written evidence of approval from the St. Vrain
Sanitation District, if the mechanics shop will be connected to public sewer.
F. Building height shall be measured in accordance with the 2003 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 Chapter23 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. Offset and setback requirements are measured to
the farthest projection from the building.
G. Separation of buildings of mixed occupancy classifications shall be in
accordance with Section R309.2 of the International Residential Code.
H. A Flood Hazard Development Permit (FHDP) shall be submitted and
approved by the Department of Public Works. The applicant shall provide
written evidence of such to the Department of Planning Services.
The applicant shall submit written evidence that all existing and proposed
structures associated with this facility are in compliance with the requirement
of the Mountain View Fire Protection District and the Department of Building
Inspection.
3. 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.
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. The 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.
6. 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 be added for each additional three (3) month period.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of March, A.D., 2007.
BOARD O COUNTY COMMISSIONERS
WELD C TY, C LORADO
ATTEST: Lie/
4 \,1 David E. Long, Chair
Weld County Clerk to the $a `'�' �� , +� �
1
• z cam` _ Ilia Je e, Pro-Tem
BY: �
Deputy Clerk to the Boa /11 ;
Willi m F. Garcia
AP, O D AS EXCUSED
obert D. Masden
ounty Attorney n62. ' ma vr`oMR�`r—
Douglas Rademacher
Date of signature: 1.-/C-6)-7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LELAND AND JULEE RIDNOUR
USR#1556
1. A Site Specific Development Plan and Use by Special Review Permit#1556 is for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (mechanics shop) in the A (Agricultural) Zone District.
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 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. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District, as delineated in Section 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided.
10. The facility shall utilize the existing municipal sewage treatment system (Saint Vrain
Sanitation District).
11. The facility shall utilize the existing public water supply(Central Weld County Water District).
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
13. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
14. A plan review is required for any additional building. 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.
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15. Buildings 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: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
16. Each building 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.
17. Building height,setbacks,and offset distance shall be determined by the Weld County Code.
Separation of buildings of mixed occupancy classifications shall be in accordance with
Section R309.2 of the International Residential Code.
18. Building height shall be measured in accordance with the 2003 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
Chapter23 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. Offset and setback requirements are measured to the farthest
projection from the building.
19. A Flood Hazard Development Permit shall be submitted for buildings constructed within the
100-year floodplain.
20. 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 not prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
21. The off-street parking spaces, including the access drive, shall be surfaced with gravel or
the equivalent, and shall be graded to prevent drainage problems.
22. 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.
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.
24. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
25. The outside hours of work-for-hire operations shall be sunrise to 9:00 p.m., daily.
26. Storage of all equipment shall be located inside the proposed building or screened from
adjacent properties or road right-of-way.
27. All outdoor storage shall be screened for adjacent properties and right-of-way.
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28. 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.
29. All new buildings shall be designed and constructed in accordance with the provisions of the
Uniform Fire Code, as ratified by the Weld County Commissioners. All plans for future
construction must be submitted to the Fire District for review and approval prior to the
issuance of buildings permits.
30. Water supply for fire protection must be provided for any new structures built on the
property. Currently,there does not appear to be an adequate water supply for fire protection
(fire hydrants) in the area. If the existing shop were added on to, the building would be
approximately 1,700 square feet of type V-N or V-B construction. A minimum fire flow of
1,500 gallons per minute, measured at a residual pressure of 20 pounds per square inch,
would be required. This water supply would need to be provided by at least one fire hydrant
located, such that it is within 450 feet of all portions of the building.
31. Fire apparatus must be provided to the property and all buildings. All apparatus access
roads, designed and maintained to support the imposed loads of fire apparatus (75,000
pounds),must have a surface that provides all-weather driving capabilities,and be free from
obstructions which includes locked gates, unless otherwise approved.
32. The applicant shall submit written evidence of approval from the St.Vrain Sanitation District,
if the maintenance shop will be connected to public sewer.
33. A Flood Hazard Development Permit(FHDP)shall be submitted to, and approved by,the
Department of Public Works. The applicant to provide written evidence of such to the
Department of Planning Services.
34. The applicant shall submit written evidence that all existing and proposed structures
associated with this facility are in compliance with the requirements of the Mountain View
Fire Protection District and the Department of Building Inspection.
35. Employees are limited to the property owner only, as stated in the application materials.
36. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
38. 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.
39. 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
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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.
40. 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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