HomeMy WebLinkAbout20020785 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1374 FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (SEPTIC/CEMENT CONTRACTOR AND STORAGE BUILDING) IN
THE A (AGRICULTURAL) ZONE DISTRICT -VIRTUS AND AMY BANOWETZ
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 8th day of
May, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Virtus and Amy Banowetz, 24081 Weld County Road 50, LaSalle, Colorado
80645, for a Site Specific Development Plan and Use by Special Review Permit #1374 for a
Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (septic/cement contractor and storage building) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption #2358; being part of
the SW1/4 of Section 31, Township 5 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.B 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. The
proposed site is less than eighty (80) acres (approximately 10 acres);
less than the number of acres required to retain viable farming
operations. As per Section 22-2-60 I. A. 1, "Lots of lesser size are not
generally practical to farm due to large-scale management practices
existing today."
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SPECIAL REVIEW PERMIT#1374 - VIRTUS AND AMY BANOWETZ
PAGE 2
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 provides for a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts (Septic/Cement
Contractor; Storage Building) 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. To the north, south,
and west are rural residential uses and crops; to the east is a field. The
Conditions of Approval and Development Standards will ensure that any
incompatibilities will be mitigated.
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 of
the Town of Kersey. No referral response has been received from the
Town of Kersey.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5 of the
Weld County Code. The site lies within the Airport Overlay District. In the
referral response received February 7, 2002, the Greeley-Weld County
Airport found no conflict with the proposed use.
f. Section 23-2-230.6.6 -- The proposal is located on a site that is
designated "Other Land" by the U.S.D.A. Soil Conservation Services
Important Farmlands Map of Weld County, 1979. Given the small size of
the parcel (approximately 10 acres), and U.S.D.A. Soil Conservation
designation, little if any agriculturally productive land will be removed from
production.
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 Virtus and Amy Banowetz for a Site Specific
Development Plan and Use by Special Review Permit #1374 for a Use permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (septic/cement contract and storage building) in the A (Agricultural) Zone District on
the parcel of land described above be, and hereby is, granted subject to the following
conditions:
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PL1598
SPECIAL REVIEW PERMIT #1374 - VIRTUS AND AMY BANOWETZ
PAGE 3
1. Prior to recording the Plat:
A. The plat shall be amended to delineate the following:
1) A total of 30 feet from the centerline of Weld County Road 50
shall be delineated as right-of-way on the plat. The Use by Special
Review shall be granted one residential access and one business
access from Weld County Road 50.
2) The approved Landscape/Screening/Sign/Parking Plan.
3) The approved Drainage Plan and any necessary detention areas.
B. The applicant shall submit a revised Landscape/Screening/Sign/Parking
Plan to the Department of Planning Services for review and approval.
The applicant shall include in the Landscape/Screening/Sign/Parking
Plan the following information:
1) An installation schedule which specifies when the landscaping will
be installed on site.
2) A Plant Material List specifying the Botanical and Common names
of all plant material to be installed, the size of the plant material at
installation, and whether the plant material is to be containerized
or balled and burlapped.
3) A landscape maintenance schedule which specifically states who
will perform maintenance, and that maintenance is on-going and
shall not end upon final acceptance by the Department of
Planning Services.
4) A sign plan which conforms to the requirements for signs in the
A (Agricultural) Zone District with the exception of Section
23-4-90.B. The sign shall not exceed thirty two (32) square feet in
area and shall not exceed six (6) feet in height.
5) Parking in accordance with Article IV, Division 1, of the Weld
County Code.
C. The applicant shall submit a Drainage Plan to contain storm water run-off
from the site that prevents damage to adjacent properties. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
D. The applicant shall attempt to address the recommendations of the Weld
County Sheriffs Office as stated in the referral received February 8,
2002.
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SPECIAL REVIEW PERMIT #1374 -VIRTUS AND AMY BANOWETZ
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2. Upon completion of Condition #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 Recorded Exemption/Subdivision Exemption/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 operation:
A. The applicant shall address the requirements of the Weld County
Department of Building Inspection as stated in the referral dated
February 8, 2002.
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.
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SPECIAL REVIEW PERMIT#1374 - VIRTUS AND AMY BANOWETZ
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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 May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �� Kds��'(/� ��r /, �'�'��^^'' J8--6-e\
�I Vaad, Chair
Weld County Clerk to the 'rar. ' !' \C-C\
t,R6,
avi. . L , Pro-Tern
BY: - . _i • ) Pro-Tern
Deputy Clerk to the Boa�►�J(!',ji l "`L � �t►%i
. J. eile
'�RC}Z/ED AS TO RM. # C-1-7-
William H. Jerke
�unty AttornAttorn EXCUSED
Robert D. Masden
Date of signature: y/3
2002-0785
PL1598
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VIRTUS AND AMY BANOWETZ
USR#1374
1. A Site Specific Development Plan and Use by Special Review Permit #1374 is for a Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (septic/cement contractor and storage building) 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. Adequate toilet and hand washing facilities shall be provided for employees and the public.
9. The facility shall utilize the existing public water supply (Central Weld County Water
District).
10. The site shall be used as a storage building only. No vehicle washing, concrete processing,
mixing, pouring, or forming shall be conducted at the site.
11. The landscaping, screening, signs, and parking on site shall be maintained in accordance
with the approved Landscape/Screening/Sign/Parking Plan. All equipment and supplies
shall be stored inside the proposed 40-foot by 120-foot building. The sales/display of
concrete forms shall be conducted within the confines of the proposed 40-foot by 120-foot
building.
12. The off-street parking and loading areas shall adhere to Article IV, Division 1, of the Weld
County Code.
13. Off-street parking and loading areas shall be surfaced with either gravel, asphalt, or
concrete and shall be graded so as to prevent drainage problems.
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DEVELOPMENT STANDARDS - VIRTUS AND AMY BANOWETZ (USR #1374)
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14. All operations shall be conducted Monday through Friday from the hours of 8:00 a.m. to
5:00 p.m.
15. The business access will be gated and only opened during business hours.
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, Public
Works 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.
2002-0785
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