HomeMy WebLinkAbout20022840.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1401 FOR A USE PERMITTED AS A USE BY RIGHT IN THE INDUSTRIAL
ZONE DISTRICT (PORTABLE RESTROOM BUSINESS) IN THE A(AGRICULTURAL)
ZONE DISTRICT - RAYMOND AND DORTHULA LOHR
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 13th day
of November, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Raymond and Dorthula Lohr, 32549 Weld County Road 51, Greeley,
Colorado 80631, for a Site Specific Development Plan and Use by Special Review
Permit#1401 for a use permitted as a Use by Right in the Industrial Zone District (portable
restroom business) in the A (Agricultural) Zone District on the following described real estate,
to-wit:
S1/2NE1/4 of Section 19, Township 6 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 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
Section 22-2-130.D.1 (I.Goal 4) promotes industrial development that is
appropriately located in relation to surrounding land uses, and that meets
necessary environmental standards. Section 22-2-150.A.1 (C.Goal 1)
encourages the expansion and diversification of the commercial
economic base. Section 22-2-150.6.1 (C.Goal 2) states "Ensure the
compatibility of commercial land uses with adjacent land uses." The
Development Standards, Conditions of Approval and Operations
/ 2002-2840
()C ✓ .. r i�Lr ,4 t-Lce 9 PL1637
SPECIAL REVIEW PERMIT#1401 - RAYMOND AND DORTHULA LOHR
PAGE 2
Standards will effectively mitigate any adverse impacts to surrounding
areas.
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 Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts in the
A (Agricultural) Zone District. Section 23-3-320.B.1 allows any use of a
research, repair, manufacturing, fabricating, processing, assembling, or
storage nature as a use allowed by right in the 1-2 (Industrial) Zone
District. The use may be conducted outside of an enclosed building,
provided that the use and/or operations of the use are screened from
adjacent public rights-of-way and adjacent properties.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The boundary for the
Use by Special Review Permit is surrounded to the north by the
remainder of the applicants' property, which contains their home and crop
land. There are agricultural lands located to the south and west. To the
east of the property is the Lindies Lake Subdivision.
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 is not located within the three-mile
referral area of any towns or municipalities. Although the applicants
indicate their business supports farming, the agricultural aspect is
provided on a seasonal basis as the need for migrant workers is greatly
reduced during the winter months. While the applicants present location
may be appropriate to initially start their business, any expansion would
be compatible in an area specifically zoned for the use, such as a
commercial or industrial area. Commercial and industrial properties are
commonly located in an area where adequate infrastructure, such as
sewer, water ,and transportation routes are located. Compatibility with
similar adjacent land uses is readily accomplished when the neighboring
properties are zoned specifically for commercial and industrial uses.
There is currently a zoning violation on the property due to the
commercial/industrial business being operated without a Use by Special
Review permit. In order to ensure compatibility of the present use with
adjacent properties screening of all outside storage of vehicles and
equipment would be required. A temporary mobile home for an office
should be located in an area where it is not readily visible from public
rights-of-way or adjacent properties. Although the proposed
3,000-square foot building would be allowed in the Agricultural Zone
District for an agricultural use, the Department of Planning Services does
not support the construction of the building to be used for a
commercial/industrial business due to the intensity of the business.
2002-2840
PL1637
SPECIAL REVIEW PERMIT#1401 - RAYMOND AND DORTHULA LOHR
PAGE 3
e. Section 23-2-230.B.5 --The site does not lie within any Overlay Districts.
f. Section 23-2-230.B.6 —The site is designated "Prime" and "Irrigated Land,
not prime" as identified on the Farmlands of National Importance Map,
dated 1979. The approximately 1.7-acre site will not take prime farmland
out of production or make farming practices less efficient as the
applicants have indicated they will continue to farm the remainder of the
80-acre parcel.
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 Raymond and Dorthula Lohr for a Site Specific
Development Plan and Use by Special Review Permit#1401 for a use permitted as a Use by
Right in the Industrial Zone District (portable restroom business) 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 plat shall delineate the following:
1) The attached Development Standards.
2) The plat shall be labeled Use by Special Review, USR-1401.
3) Amend the Use by Special Review Permit boundary to include the
existing residence which will be utilized for a restroom facility.
4) All signage shall be indicated by location and size and shall
adhere to Sections 23-4-90.A and B of the Weld County Code.
5) Lighting shall be indicated in accordance with Section 23-3-360.F
of the Weld County Code.
6) Four (4) parking spaces, including spaces which adhere to
Americans with Disabilities Act (ADA) standards. Parking shall be
screened from public rights-of-way and adjacent properties and
shall meet the requirements of Section 23-3-350.B of the Weld
County Code.
7) A trash collection area in accordance with Section 23-3-350.H of
the Weld County Code.
2002-2840
PL1637
SPECIAL REVIEW PERMIT#1401 - RAYMOND AND DORTHULA LOHR
PAGE 4
8) Adequate screening for parking, storage, and loading areas shall
be clearly indicated and shall meet the requirements of
Section 23-3-320 of the Weld County Code. Adequate screening
of outside storage shall be provided with solid board fencing a
minimum of eight (8)feet in height, spaced one-quarter (1/4) inch
apart, or an equivalent screening provided that is approved by the
Department of Planning Services.
9) The temporary mobile office shall be delineated in an area that is
screened from public rights-of-way and adjacent properties.
10) Remove the 3,000-square foot shed.
B. The applicant shall submit an approved landscape, screening, and
lighting plan. The Plan may be indicated on the Use by Special Review
plat.
C. A Zoning Mobile Home Permit (ZPMH) application shall be submitted for
the temporary office trailer. A submittal fee and surrounding property
owner signatures will not be required for the ZPMH Permit.
D. The applicant shall provide written documentation indicating which water
source will be utilized for the business. Provide written documentation
from the North Weld County Water District indicating a commercial
business is authorized to use the existing water tap and/or provide written
evidence from the Colorado Division of Water Resources, demonstrating
that the well is appropriately permitted for the commercial use.
E. The applicant shall submit two (2) paper copies of the Use by Special
Review Plat for review and approval.
F. The Environmental Health Services Division of the Weld County
Department of Public Health and Environment was unable to locate a
septic permit for the septic system serving the existing 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. Written evidence of such shall be submitted to the
Department of Planning Services.
G. The applicant shall provide evidence that any vehicle or equipment
washing area will be designed and constructed to capture all effluent and
prevent any discharges from the washing of portable toilets and vehicles.
Written evidence of such shall be submitted to the Departments of
Planning Services and Public Health and Environment.
2002-2840
PL1637
SPECIAL REVIEW PERMIT#1401 - RAYMOND AND DORTHULA LOHR
PAGE 5
H. 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. Written evidence of approval of the
plan shall be submitted 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 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).
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 respectively 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 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.
2002-2840
PL1637
SPECIAL REVIEW PERMIT#1401 - RAYMOND AND DORTHULA LOHR
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of November, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY CO ORADO
ATTEST: ELF„„ 1 ���F'!; I- � ♦ _the
ELM
7 Vaad, Chair
Weld County Clerk to th o.
r 1861
/ C 1 '•a �� David E. Pro
BY: 6-c? �1� % � 7-1
g,
Deputy Clerk to the B (Ott
M. J. Geile
APPR9VED AS TO RM/ EXCUSED
liam H. Jerke
G •
ounty Att rney
Robert D. Masden
Date of signature: 11/Af
2002-2840
PL1637
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RAYMOND AND DORTHULA LOHR
USR#1401
1. The Site Specific Development Plan and Use by Special Review Permit#1401 is for a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts(portable restroom business)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. 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 shall be controlled on this site.
7. 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.
8. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling.
9. The applicant shall operate in accordance with the approved "Waste Handling Plan."
10. The applicant shall comply with any pretreatment or hauled wastewater permit.
11. Adequate toilet and handwashing facilities shall be provided for employees. The
employees shall be allowed to use the handwashing and toilet facilities located at the
applicants' residence.
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
2002-2840
PL1637
DEVELOPMENT STANDARDS - RAYMOND AND DORTHULA LOHR (USR #1401)
PAGE 2
15. Any vehicle or equipment washing area(s)shall capture all effluent and prevent discharges
from the washing of portable toilets and vehicles.
16. Off-street parking spaces, including the access drive,shall be surfaced with gravel,asphalt,
concrete, or the equivalent and shall be graded to prevent drainage problems.
17. No parking or staging of trucks shall be allowed on Weld County Road 51. Utilize on-site
parking areas.
18. All maintenance of company vehicles shall be performed within a structure or in an area
that is screened from adjacent properties.
19. The number of company vehicles associated with the business shall not exceed four (4).
20. The maximum number of employees shall be four (4). This does not include the owners
of the property.
21. The hours of operation shall be 5:00 a.m. to 7:00 p.m., Monday through Saturday. Sunday
hours shall be limited to May through November from 7:00 a.m. to 7:00 p.m. Hours of
operation may be extended with specific permission from the Weld County Board of County
Commissioners.
22. Storage and parking of vehicles on the parcel shall be limited to those operated or owned
by the applicants conducting business as "Country Johns."
23. No on-site storage of human waste shall be allowed.
24. All on-site storage of company vehicles and portable restrooms shall be enclosed in a
screened area and shall not be visible from public rights-of-way or adjacent properties.
25. The Use by Special Review Permit shall not be transferable to any successors in interest
to the prescribed property and shall terminate automatically upon conveyance or lease of
the property to others for operation of the facility.
26. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
27. At such time the operation should cease, the temporary mobile home office must be
removed from the property or the appropriate zoning and building permits shall be applied
for and approved for an acceptable use within 30 days.
28. A Building Permit shall be obtained prior to the construction of any building. Permits are
required for the existing shed to be used for vehicle storage (garage) and the temporary
office structure.
29. A Plan Review is required for each building for which a Building Permit is required. Except
for simple pole type structures, 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.
2002-2840
PL1637
DEVELOPMENT STANDARDS - RAYMOND AND DORTHULA LOHR (USR #1401)
PAGE 3
30. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 1997
Uniform Building Code (UBC); 1998 International Mechanical Code (IMC); 1997
International Plumbing Code (IPC); 1999 National Electrical Code (NEC), and Chapter 29
of the Weld County Code.
31. Except for pole type structures, 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. Manufactured structures shall be installed in accordance with the manufactures
installation instructions.
32. The existing shed building will probably be classified as a Type S-1 storage building. The
office will be classified as a Type B office. The storage building and the office structure
must be separated from any residential buildings by a minimum of 20 feet or must have
walls constructed with one-hour fire resistive construction. Setback and offset distances
shall be determined by Chapter 23 of the Weld County Code.
33. The existing north access shall be utilized for the residence and the business.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
36. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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.
37. 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.
38. 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.
39. The well shall not be utilized for commercial use.
2002-2840
PL1637
Hello