HomeMy WebLinkAbout20070102.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1577 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT
(OUTDOOR STORAGE OF TIRES, SEMI-TRACTORS, CARS, TRUCKS, TRAILERS,
FARM MACHINERY, AND HAY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
ROGER AND SHERYL HILL
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 24th day of
January, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Roger and Sheryl Hill, 1125 2nd Street Road, Eaton, Colorado 80615,for a Site
Specific Development Plan and Use by Special Review Permit#1577 fora Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District
(outdoor storage of tires, semi-tractors, cars, trucks, trailers, farm machinery, and hay) in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
Lot of Recorded Exemption#3591;being part of the
SE1/4 of Section 31, Township 7 North, Range 64
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 23-2-230.8 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 22-2-60.A.3(A.Policy 1.3)states,"Allow commercial and industrial
uses,which are directly related to,or dependant upon,agriculture,to locate
within the A (Agricultural) Zone District when impact to the surrounding
properties is minimal, and where adequate services and infrastructure are
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SPECIAL REVIEW PERMIT#1577 - ROGER AND SHERYL HILL
PAGE 2
currently available or reasonably obtainable. Agricultural businesses and
industries will be encouraged to locate in areas that minimize the removal of
agricultural land from production. Agricultural business and industries are
defined as those which are related to ranching,livestock production,farming,
and agricultural uses." The proposed use is related to agriculture in that the
majority of the items on the premises will be tractors and other large vehicle
tires,as well as farm implements and vehicles. The Conditions of Approval
and Development Standards will ensure that the impact on surrounding
properties will be minimal. At 1.19 acres, this parcel is too small for viable
farming, and the location of the use does not remove land from agricultural
production.
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
allows for any use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts,as a Use by
Special Review in the A (Agricultural) Zone District. This Use by Special
Review application is the result of an active zoning Violation(VI-0400260).
The Conditions of Approval and Development Standards will ensure that the
proposed use is compatible with its surroundings. The Use by Special
Review Permit, if approved,will correct the Violation. If for any reason this
application is denied, the Violation case will proceed through District Court
as it was presented to the Board of County Commissioners through the
Violation Hearing process on January 11,2005. At this hearing the Violation
was referred to the County Attorney's Office for legal action.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. There are seven properties within
500 feet of the property under consideration, all seven are zoned
A(Agricultural),and only two of the seven properties have residences. There
is a single-family residence across Weld County Road 51, diagonal to the
northeast, and the other surrounding properties are used for agricultural
purposes. Adairy,permitted under Use by Special Review Permit#1133,for
2,500 cows,lies one mile north of the site,and the Town of Galeton lies one
mile south.
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
property is not located in an area where Chapter 22 of the Weld County Code
proposes changes to the existing conditions. There were no municipal or
County referral agencies within a three (3) mile radius of the property of
which it could be the subject of an adopted Master Plan.
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SPECIAL REVIEW PERMIT#1577 - ROGER AND SHERYL HILL
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e. Section 23-2-230.8.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The property is not 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.
f. Section 23-2-230.3.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is designated "Prime" agricultural land on the Important
Farmlands of Weld County Map,dated 1979,although the size of the parcel
(1.19 acres) does not provide for viable agriculture, in accordance with
Section 22-2-60.1 of the Weld County Code.
g. Section 23-2-230.6.7-There is adequate provision for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and the
County. The Design Standards (Section 23-2-240), Operation Standards
(Section 23-2-250), 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 Roger and Sheryl Hill fora Site Specific Development Plan
and Use by Special Review Permit#1577 for a Use Permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone District(outdoor storage of tires,
semi-tractors, cars, trucks, trailers, farm machinery, and hay) 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 address the requirements from the Department of Public
Works, as stated in the referral dated November 6, 2006. Evidence of
approval shall be submitted to the Department of Planning Services.
B. The applicant shall address the requirements from the Weld County
Department of Public Health and Environment,as stated in the referral dated
September 20, 2006. Evidence of approval shall be provided to the
Department of Planning Services.
1) 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.
2) The applicant shall submit a Waste Handling Plan, for approval, to
the Environmental Health Services Division of the Weld County
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SPECIAL REVIEW PERMIT#1577 - ROGER AND SHERYL HILL
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Department of Public Health and Environment. The plan shall
include, at a minimum, the following:
a. A list of wastes which are expected to be generated on the
site (this should include expected volumes and types of
waste generated).
b. A list of the type and volume of chemicals expected to be
stored on the site.
c. The waste handler and facility where the waste will be
disposed (including the facility name, address, and phone
number).
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1577.
2) The plan map shall meet all requirements as listed in
Section 23-2-260.D of the Weld County Code.
3) The attached Development Standards.
4) Approved Signage and Landscaping Plans, as applicable.
5) If lighting is proposed,or existing on the site, it shall be noted on the
plat. The applicant shall adhere to the lighting standards, in
accordance with Sections 23-2-160.U.6 and 23-3-250.6.6 of the
Weld County Code.
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. In accordance with Weld County Code Ordinance#2006-7,approved June 1,2006,
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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SPECIAL REVIEW PERMIT#1577 - ROGER AND SHERYL HILL
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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). The digital file may be sent to
maps@co.weld.co.us.
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.
6. The applicant shall clean deposited plaster/sand from the borrow ditch along Weld
County Road 51 outside the property fence no later than March 1, 2007, (weather
permitting). A rock-based form of erosion control shall be used along the fence and
borrow ditch in the future.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 24th day of January, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
, a , WELL OUNTY, COLORADO
ATTEST: / � 11�' s � Ck ,
� � ,�► .vid E. Long, Chair 1/
Weld County Clerk to the :.=i�! k +r r - 1w
` 9A nillia Jerk's, ro- -m BY: Deputy Clei`k to the Board
William . Garcia
APPRO S TO F
Robert D. Masd en
unty A torney `___ \ ��-t' ' �a
�ugla s4ademat e
Date of signature: .T Gr a7
2007-0102
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROGER AND SHERYL HILL
USR#1577
1. A Site Specific Development Plan and Use by Special Review Permit#1577 is for a Use
Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial
or Industrial Zone Districts (outdoor storage of tires, semi-tractors, cars, trucks, trailers,
farm machinery, and hay) in the Agricultural (A) 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. 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. The applicant must take into
consideration stormwater capture/quantity and provide accordingly for Best Management
Practices.
4. Parking areas and the access drive shall be surfaced with recycled asphalt, gravel, or the
equivalent, and shall be graded to prevent drainage problems and provide dust control.
5. There shall be no parking or staging of equipment or vehicles on Weld County roads.The
applicant must utilize on-site parking.
6. Opaque fencing must be erected and maintained around the full perimeter of the property.
The fence must be tall enough to fully screen stored items from abutting properties and
public rights-of-way.
7. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
8. There will be no employees on the site. The site will be used for pick-up and delivery of
items and site maintenance purposes only.
9. When no one is present on the property, the gate shall be closed.
10. Hours of operation are limited from 8:00 a.m. to 6:00 p.m.
11. 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.
12. 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.
13. The applicant shall operate in accordance with the approved Waste Handling Plan.
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DEVELOPMENT STANDARDS - ROGER AND SHERYL HILL (USR#1577)
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14. All materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, fire hazards, and other potential nuisance and safety hazard
conditions.
15. Fugitive dust shall be controlled on this site in accordance with the approved Dust
Abatement Plan.
16. 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.
17. 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.
18. Property shall be maintained in such a manner that grasses and weeds are not permitted
to grow taller than twelve(12)inches. In no event shall the property owners allow the growth
of noxious weeds.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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 complywith the
Development Standards as stated herein and all applicable Weld County regulations.
24. Bottled water shall be available for drinking and sanitary purposes.
25. 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.
26. Batteries and fluids shall be removed from all vehicles, tractors, and farm equipment and
appropriately disposed/recycled before storage to ensure that contamination of soil and
groundwater does not occur.
27. 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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DEVELOPMENT STANDARDS - ROGER AND SHERYL HILL (USR #1577)
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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.
28. 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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