HomeMy WebLinkAbout20022063.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1338 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (FARM
EQUIPMENT SALES, REPAIR AND INSTALLATION FACILITY, AND GRAIN AND
FEED SALES) IN THE A(AGRICULTURAL) ZONE DISTRICT - MOLLY ELLIOTT
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 August, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Molly Elliott, 379 Highway 52, Erie, Colorado 80516, for a Site
Specific Development Plan and Use by Special Review Permit#1338 for an Agricultural Service
Establishment (farm equipment sales, repair and installation facility, and grain and feed sales)
in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the SE1/4 of the SW1/4 of Section 31,
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 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 ordinances in effect.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.6 of the Weld County
Code provides for farm equipment sales, repair and installation facilities,
and grain and feed sales as a Use by Special Review in the A
(Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1338 - MOLLY ELLIOTT
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c. Section 23-2-230.B.3 —The uses which will be permitted will be
compatible with the existing surrounding land uses. The Conditions of
Approval and Development Standards will ensure that any
incompatibilities will be mitigated. Surrounding land uses are
predominantly agricultural and rural residential in nature.
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 23-2-230.6.5—The application complies with Chapter 23, Article
V, of the Weld County Code as it does not lie within any Overlay Districts.
Effective December 1, 1999, Building Permits issued on the Lot will be
required to adhere to the fee structure of the Southwest Weld Road
Impact Program Area 1.
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 proposed site lies on land designated Irrigated Not
Prime by the U.S.D.A. "Farmlands of National Importance" Map, dated
1979.
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 Molly Elliott for a Site Specific Development Plan
and Use by Special Review Permit#1338 for an Agricultural Service Establishment (farm
equipment sales, repair and installation facility, and grain and feed sales) in the A (Agricultural)
Zone District on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
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SPECIAL REVIEW PERMIT#1338 - MOLLY ELLIOTT
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2. Prior to recording the plat:
A. A detailed Landscape/Screening Plan identifying the number, size and
species of landscape materials, shall be submitted to the Department of
Planning Services for review and approval. The Landscape/Screening
Plan shall address maintenance as well as replacement of the dead or
dying landscape materials. The approved Landscape/Screening Plan
shall be delineated on the plat map.
B. The applicant shall provide the Weld County Department of Planning
Services a copy of the access permit issued by the Colorado Department
of Transportation (CDOT)which grants access to State Highway 52, or
written evidence that the applicant has complied with the requirements of
CDOT.
C. The applicant shall attempt to address the requirements of the Mountain
View Fire Protection District, as stated in the referral response received
June 6, 2001. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
D. In the event the maintenance shop is equipped with a floor drain, the
applicant must apply for an Underground Injection Control (UIC) Class V
Injection Well Permit through the Environmental Protection Agency
(EPA), or provide evidence to the Weld County Departments of Public
Health and Environment and Planning Services, that the applicant is not
subject to the EPA Class V requirements.
E. The Environmental Health Services Division of the Weld County
Department of Health and Environment was unable to locate a septic
permit for the septic system serving the residence. The septic system
shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review
describing the system's ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division
of the Weld County Department of Public Health and Environment. In the
event the system is found to be inadequately sized or constructed the
system shall be brought into compliance with current Regulations.
Evidence of approval shall be submitted to the Weld County Department
of Planning Services.
3. 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.
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SPECIAL REVIEW PERMIT#1338 - MOLLY ELLIOTT
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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 August, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
_ WELD COUNTY, COLORADO
i
ATTEST: guity � �►�Dw_��-' La
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Gle aad, Chair
Weld County Clerk to ' ,�
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BY: ��►1 David E. ng, Pro-Tern
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Deputy Clerk to the e ��'� j \�
M. J. eile
APP ED A a OR : % e`�,.e
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antyRobert D. Mden
Date of signature: 9/5
2002-2063
PL1621
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MOLLY ELLIOTT
USR#1338
1. The Site Specific Development Plan and Use by Special Review Permit #1338 is for an
Agricultural Service Establishment (farm equipment sales, repair and installation facility,
and grain and feed sales)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. An individual sewage disposal system is required for the proposed shop 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 by a Colorado Registered
Professional Engineer according to the Weld County I.S.D.S. Regulations.
4. 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.
5. 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.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in Section 25-12-103, C.R.S.
9. Adequate handwashing and toilet facilities shall be provided for employees and the public.
10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations.
11. The facility shall provide an adequate water supply for drinking and sanitary purposes.
12. Effective December 1, 1999, Building Permits issued on the Lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program Area 1.
13. The hours of operation shall be from 7:00 a.m. to 7:00 p.m., Monday through Saturday.
Hours of operation may be extended with specific permission from the Weld County Board
of Commissioners.
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DEVELOPMENT STANDARDS - MOLLY ELLIOTT (USR#1338)
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14. The landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan.
15. The off-street parking spaces and the main office parking, including the access drives,shall
be surfaced with gravel, asphalt, concrete, or equivalent, and shall be graded to prevent
drainage problems. No staging or parking will be allowed on the access road. The
applicant shall use on-site parking only.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
18. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
19. 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.
20. 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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