HomeMy WebLinkAbout20060050.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1535 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICT (OFFICE WITH GROSS
FLOOR AREA LARGER THAN THREE THOUSAND (3,000) SQUARE FEET,
OUTDOOR STORAGE, AND MAINTENANCE OF EQUIPMENT) IN THE
A(AGRICULTURAL) ZONE DISTRICT -WAYNE AND PATRICIA MEDLIN
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 4th day of
January, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Wayne and Patricia Medlin, 15655 Riverdale Road, Brighton,Colorado 80602,for
a Site Specific Development Plan and Use by Special Review Permit #1535 for a Business
Permitted as a Use by Right or Use by Special Review in the Commercial Zone District(office with
gross floor area larger than three thousand(3,000)square feet,outdoor storage,and maintenance
of equipment)in the A(Agricultural)Zone District on the following described real estate,being more
particularly described as follows:
Lot B of Recorded Exemption#1636;being part of the
SE1/4 SE1/4 of Section 19,Township 1 North,Range
66 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 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-150 B.5(I.Policy 2.5.b)states,"ensure the compatibility
with surrounding land use in terms of general use, building height,
scale,density, traffic, dust, and noise." Conditions of Approval and
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SPECIAL REVIEW PERMIT#1535 - WAYNE AND PATRICIA MEDLIN
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Development Standards have been included to ensure the site does
not have an adverse impact on the surrounding properties.
2) Section 22-2-60.D(A.Goal 4)states,"Conversion of agricultural land
to non-urban residential, commercial and industrial uses will be
accommodated when the subject site is in an area that can support
such development." The surrounding properties to the east are
agricultural in nature, with few homes in close proximity. The
property to the north and west is currently being mined (Lupton
Lakes)through the City of Fort Lupton. The Fulton Ditch runs along
the eastern edge of the property. The applicant is proposing an
on-site septic system,and the water will be provided by an individual
well (Septic Permit SP-0500383, Well Permit#261997).
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 and/or Use by Special
Review in the Commercial Zone District(office with a gross floor area larger
than three thousand(3,000)square feet,outdoor storage,and maintenance
of equipment) 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. The surrounding properties to the
east are agricultural in nature with few homes in close proximity. The
property to the north and west is currently being mined (Lupton Lakes)
through the City of Fort Lupton. Proposed landscaping and screening shall
mitigate the impact to the neighboring properties.
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.The subject
property is within the three-mile referral area for the Cities of Brighton and
Fort Lupton,and Adams County. The City of Fort Lupton,in its referral dated
November 16, 2005, has concerns regarding the historical status of the
school house, lot coverage, and the zoning of the property. The City of
Brighton, in its referral dated December 1, 2005, stated it would like to see
the proposed structures located further west on the site. The Department
of Planning Services has determined that the Cities concerns have been
addressed through the Conditions of Approval and Development Standards.
No response was received from Adams County.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The site does not lie within any Overlay Districts.
Effective January 1,2003,building permits issued on the proposed lot will be
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SPECIAL REVIEW PERMIT#1535 -WAYNE AND PATRICIA MEDLIN
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required to adhere to the fee structure of the County-Wide Road Impact
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 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The United States Department of Agriculture (U.S.D.A.) Soils Maps
indicate the soils on this property are designated as"Prime"and"None." The
small size of the parcel 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 Wayne and Patricia Medlin for a Site Specific Development
Plan and Use by Special Review Permit#1535 for a Business Permitted as a Use by Right or Use
by Special Review in the Commercial Zone District(office with gross floor area larger than three
thousand (3,000) square feet, outdoor storage, and maintenance of equipment) 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 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,in
writing,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).
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).
B. The applicant shall address the requirements and concerns of the
Department of Building Inspection,as stated in the referral response dated
November 28, 2005. Evidence of such shall be submitted, in writing,to the
Weld County Department of Planning Services.
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C. The applicant shall address the requirements and concerns of the City of
Fort Lupton, as stated in the referral response dated November 16, 2005.
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 City of
Brighton, as stated in the referral response dated December 1, 2005.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. The applicant shall provide the Department of Planning Services with a
Property Maintenance Plan. The Maintenance Plan shall be in compliance
with Section 23-2-250.B.7 of the Weld County Code.
F. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1535.
2) The attached Development Standards.
3) The Use by Special Review plat shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) 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 23-3-250.6.6 of the Weld
County Code.
5) Weld County Road 27 is designated on the Weld County Road
Classification Plan as a major arterial road,which requires 140 feet
of right-of-way at full build out. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. The
setback shall be calculated from the edge of the future 140-foot
right-of-way. This road is maintained by Weld County.
6) Until the right-of-way is necessary for a public road, the applicant
may install and maintain fencing and signage within the future right-
of-way. The applicant agrees to waive compensation for the value of
those structures if the right-of-way is expanded.
7) All approved accesses shall be clearly shown on the plat.
8) The parking area,adjacent to the office to accommodate employees,
customers, and vendors, shall be paved. The remaining portion of
the lot shall accommodate equipment/vehicle storage.
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9) A retention facility shall be installed in the southwest corner of the
property to retain any run-off that may occur from the existing
structure and paved parking lot areas. The applicant must take into
consideration stormwater capture/quantity and provide accordingly
for Best Management Practices.
G. 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 the issuance of building permits:
A. Plans for the remodel work should be submitted to the Fort Lupton Fire
Protection District for review and approval. The applicant shall provide the
Department of Planning Services with a written sign-off from the Fort Lupton
Fire Protection District.
5. Prior to the issuance of the Certificate of Occupancy:
A. A final inspection of the occupancy will be required by a member of the
Department of Building Inspection for compliance with the 2003 International
Building Code and the Weld County Code.
B. An individual sewage disposal system is required for the existing school
house and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
be designed bya Colorado registered professional engineer according to the
Weld County I.S.D.S. Regulations. An application fora new septic system
has been applied for under#SP-0500383.
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SPECIAL REVIEW PERMIT#1535 - WAYNE AND PATRICIA MEDLIN
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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 4th day of January, A.D., 2006.
BOARD OF OUNTY COMMISSIONERS
w.,s ,;':WELD CO TY, COLORADO
ATTEST: " -a
`: , "� -� +j. eile, Chair
Weld County Clerk to the > P_ C
4t I Vat cctc David E. Long, Pro-Tem
BY: 11
D uty CI k to the Boa6il a1-,i k2,--
iam H. Jerke1�W�'
APP AS TO M: l—
Roberas ley
�____
y�
un y Attorney (//J
Glenn Vaad
Date of signature: i Itil lb(c
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WAYNE AND PATRICIA MEDLIN
USR#1535
1. The Site Specific Development Plan and Use by Special Review Permit #1535 is for a
Business Permitted as a Use by Right and/or Use by Special Review in the Commercial
Zone District(office with a gross floor area larger than three thousand(3,000)square feet,
outdoor storage, and maintenance of equipment) in the A(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. The outdoor storage of trucks and equipment shall be accessory to the business on the site.
4. The site shall be limited to no more than one hundred and fifty(150)employees,as outlined
in the application materials.
5. Hours of operation are 7:00 a.m.to 5:00 p.m.,Monday through Friday. Emergency services
may be required in off times, as stated in the application materials.
6. The trucks, vans, and trailers on the site shall not be allowed to deteriorate, and shall be
parked in a consistent and orderly manner.
7. All lighting shall be in accordance with Section 23-3-250.6.6 of the Weld County Code.
8. The historical flow patterns and run-off 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 run-off rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm run-off.
9. Any future structures or uses on the site must obtain the appropriate zoning and building
permits.
10. 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.
11. Building height shall be measured in accordance with the 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.
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12. Building height,wall and opening protection and limitations,and separation of buildings of
mixed occupancy classifications shall be in accordance with the Building Code. Setback
and offset distances shall be determined by the Weld County Code.
13. The maximum amount of indoor and outdoor storage of nonflammable solids and
nonflammable and noncombustible liquids shall not exceed the amounts in Table 414.2.4
of the International Building Code.
14. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
15. 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.
16. 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.
17. The applicant shall operate in accordance with the approved Waste Handling Plan.
18. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
19. 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.
20. Adequate hand washing and toilet facilities shall be provided for employees and customers
of the facility.
21. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
22. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
23. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
24. 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 Program.
25. 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.
26. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
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27. 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.
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 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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