HomeMy WebLinkAbout20060079.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1495 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR
ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE
MATERIALS YARD) IN THE A(AGRICULTURAL)ZONE DISTRICT- JESS ARAGON,
DBA TIMBERROCK LANDSCAPE
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 19th day of
October, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Jess Aragon,dba TimberRock Landscape, 1001 East Harmony Road#192, Fort
Collins,Colorado 80525,for a Site Specific Development Plan and Use by Special Review Permit
#1495 for a Business Permitted as a Use by Right or Accessory Use in the Commercial Zone
District(landscape materials yard)in the A(Agricultural)Zone District on the following described
real estate, to-wit:
Part of the NE1/4 of Section 8, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue said matter to
February 8,2006,at 10:00 a.m.,to allow Jess Aragon,dba TimberRock Landscape adequate time
to obtain a ruling from the District Court on pending litigation filed by surrounding property owners,
and
WHEREAS,on February 8, 2006, said applicant was represented by Rick Zier of Zier Law
Offices, 322 East Oak Street, P.O. Box 770, Fort Collins, Colorado 80522, 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 recommendations 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 22-2-60
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SPECIAL REVIEW PERMIT#1495 - JESS ARAGON, DBA TIMBERROCK LANDSCAPE
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(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? Application materials indicate that
the site can support the proposed use. The Conditions of Approval and
Development Standards ensure that a reasonable attempt will be made to
be compatible with the region.
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 business permitted as a use by right or accessory use in the
Commercial Zone District as a Use by Special Review in the A(Agricultural)
Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. North of the site is pasture with a
home within 400 feet,an existing animal confinement operation is to the east,
a poultry business and sod farm lie to the south, and a single family
residence is within close proximity to the west of the site. The Conditions of
Approval and Development Standards ensure that the storage and parking
areas are adequately screened from the adjacent properties.
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 lies
within the three-mile referral area for the Town of Windsor and the City of
Greeley. The Town of Windsor indicated, in a referral response received
December 12, 2004, that the site is depicted as High Density Estate
Residential on the Town's Land Use Plan map; however, the adjacent
property to the south is depicted as Employment Corridor on the Town's
Land Use Plan Map which provides for, "... areas if targeted investment
centered on gateway developments activities including significant new office,
commercial and housing opportunities." The Town has recommended
approval of the Use by Special Review. In two referral responses received
December 7, 2004, and December 30, 2004, the City of Greeley has
recommended conditions that it wishes to see implemented should the
proposal be approved. The City of Greeley's recommendations have been
incorporated into the Conditions of Approval and Development Standards.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Program.
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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. The small size of the lot limits its agricultural value.
g. Section 23-2-230.B.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 Jess Aragon, dba TimberRock Landscape, for a Site
Specific Development Plan and Use by Special Review Permit#1495 for a Business Permitted as
a Use by Right or Accessory Use in the Commercial Zone District(landscaping materials yard)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. If applicable, the applicant shall submit an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application to the Air Pollution Control
Division of the Colorado Department of Public Health and Environment for
emissions of criteria,or hazardous or odorous air pollutants. The applicant
shall submit written evidence to the Department of Planning Services that the
requirements of the Department of Public Health and Environment have been
met.
B. The applicant shall submit a Dust Abatement Plan to the Weld County
Department of Public Health and Environment, Environmental Health
Services Division,for approval prior to operation. The applicant shall submit
written evidence to the Department of Planning Services that the
requirements of the Department of Public Health and Environment have been
met.
C. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than,or equal to,one acre in area. Contact the Water
Quality Control Division of the Colorado Department of Public Health and
Environment atwww.cdphe.state.co.us/wq/PermitsUnitfor more information.
The applicant shall submit written evidence to the Department of Planning
Services that the requirements of the Department of Public Health and
Environment have been met.
D. The applicant shall submit a Waste Handling Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment. The applicant shall submit written evidence to the
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Department of Planning Services that the requirements of the Department
of Public Health and Environment have been met. The plan shall include at
a minimum, the following:
1) A list of wastes which are expected to be generated on site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
E. The applicant shall address the conditions and concems of the Weld County
Department of Building Inspection,as indicated in a referral response dated
December 17, 2004. Written evidence of such shall be submitted to the
Department of Planning Services.
F. The applicant shall submit a Landscape/Screening Plan for review and
approval. The plan shall address the following:
1) In order to mitigate the potential negative impact and aesthetic
concerns on surrounding properties,the applicant shall delineate an
opaque visual screen on all sides of the property to completely
screen all materials stored on the site.
2) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent public rights-of-way and adjacent
properties. These areas shall be designed and used in a manner
that will prevent trash from being scattered by wind or animals.
3) Section 23-3-250.B addresses operation standards for Commercial
uses. The applicant shall address the issue of on-site lighting,
including security lighting, if applicable. Subsection F. states "any
lighting ...shall be designed,located,and operated in such a manner
as to meet the following standards:sources of light shall be shielded
so that beams or rays of light will not shine directly onto adjacent
properties...."
4) The applicant has delineated one on-site sign. The signs shall
adhere to Section 23-4-90.A and .B of the Weld County Code. One
identification sign per principal use shall be allowed,provided that the
sign does not exceed sixteen (16) square feet in area per face.
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G. 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 USR plat.
H. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled USR-1495.
2) The attached Development Standards.
3) The approved Landscape/Screening Plan.
4) The internal road shall enter onto the sixty (60) foot access road
(easement)at a 90-degree angle fora minimum of one vehicle length
to provide adequate sight distance in both directions.
5) The sixty(60)foot access easement to be surveyed by Chuck Jones
of King Surveying,based on Judge Hays'Court Orderof January 27,
2006, be reflected on the plat.
The City of Greeley has jurisdiction of Weld County Road 17 at this location.
The applicant shall submit their Traffic Study, prepared by Traffic and
Transportation Engineering,to the City of Greeley. The applicant shall also
contact the City to verify the access permit, or for any additional
requirements that may be needed to obtain or upgrade an access permit.
Written evidence that the applicant has complied with the requirements of the
City of Greeley pertaining to the access shall be submitted to the Department
of Planning Services.
J. The applicant shall address the requirements and concerns of the
Department of Public Works,pertaining to widening of the road,as stated in
the referral response dated December 3,2004. Evidence of approval by the
Department of Public Works shall be submitted in writing to the Weld County
Department of Planning Services.
K. The applicant shall attempt to address the conditions and concerns of the
Windsor/Severance Fire Protection District, as indicated in a referral
response dated November 23, 2004. Written evidence of such shall be
submitted to the Department of Planning Services.
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L. The applicant shall attempt to address the non-transportation conditions and
concerns of the City of Greeley, as indicated in referral responses dated
December 7,2004,and December 30,2004. Written evidence of such shall
be submitted to the Department of Planning Services.
M. The applicant shall provide the Department of Planning Services with written
evidence from the oil and gas company indicating all requirements and
agreements between the surface developer and the mineral owners and/or
lessees have been completed,or that an adequate attempt has been made
to mitigate their concerns.
N. The applicant shall address the requirements and concerns of the Sheriff's
Office, as stated in the referral response dated November 30, 2004, to
discuss the Crime Prevention Through Environmental Design Program and
any available options for the site. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
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.
4. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued,until the Use by Special Review plat is ready to be recorded in the
office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT#1495 -JESS ARAGON, DBA TIMBERROCK LANDSCAPE
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of February, A.D., 2006.
�'. IE BOARD OF UNTY COMMISSIONERS
ELD CO ' TY, COLORADO
ATTEST: gal
Weld County Clerk to the ='Z; FitcE'ci
®l
►.� ,,,I David E. Long, Pro-Tem
BY: Vat: Jai U
De ty Clhe Board u
iam H. Jerke
APP M: k\K-)
Robert 0. Ma4ç_
n y Attorney 444
Glenn Vaad
Date of signature: 3 ` 1 I up
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JESS ARAGON, DBA TIMBERROCK LANDSCAPE
USR#1495
1. The Site Specific Development Plan and Use by Special Review Permit #1495 is for a
Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(landscape materials yard)in theA(Agricultural)Zone District,as indicated in the application
materials on file 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 in a manner that controls fugitive
dust, 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. 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.
8. The facility shall utilize the existing public water supply(Little Thompson Water District).
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
11. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
12. All pesticides, fertilizer, and other 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.
13. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
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4. Material piles shall not exceed the height of the opaque screening.
15. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
16. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Two complete sets of plans are required when applying for each permit.
17. 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;and the 2002 National Electrical Code,
and Chapter 29 of the Weld County Code.
18. 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 the Weld County Code.
19. 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
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. Offset and setback requirements are measured to the farthest
projection from the building.
20. The applicant shall apply dust suppression chemical (magnesium chloride or calcium
chloride)on the haul road between Weld County Road 17 and the entrance to the site no
less than twice a year, or more often, as determined by the Department of Public Works.
21. The off-street parking, including the access drive, shall be surfaced with gravel and dust
control or the equivalent, and shall be graded to prevent drainage problems.
22. Each parking space adjacent to the building shall be equipped with wheel guards or curb
stops,where necessary,to prevent vehicles from extending beyond the boundaries of the
space and from coming into contact with other vehicles, walls, fences, or plantings.
23. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding or storm run-off.
24. On-site lighting, including security lighting if applicable, shall maintain compliance with
Section 23-3-250.B.6 of the Weld County Code.
25. Hours of operation shall be from 8:00 a.m. to 6:00 p.m., Monday through Saturday, and
9:00 a.m. to 5:00 on Sunday.
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26. The number of employees for the business shall be limited to six(6)persons as stated in
the application.
27. Any recreational vehicle stored on the lot may not be used for overnight housing for any
persons or as an office or storage structure.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. 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.
31. 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.
32. 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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