HomeMy WebLinkAbout20021727.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1377 FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(DAIRY EQUIPMENT BUSINESS AND STORAGE BUILDINGS) IN THE
A(AGRICULTURAL) ZONE DISTRICT - GARY AND CAROL VANDERWAL
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 24th day
of July, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Gary and Carol VanderWal, 7825 East Highway 34, Windsor, Colorado
80550, for a Site Specific Development Plan and Use by Special Review Permit#1377 for a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts (dairy equipment business and storage buildings) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Lot A of Recorded Exemption #359; being part of
the SE1/4 of Section 8, Township 5 North, Range
67 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. The
site is approximately 8.5 acres is size, which is less than the 80 acres
considered viable for a farm operation. The dairy equipment repair
business is consistent with the Zone District in that it supports and helps
maintain agricultural operations within the County.
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SPECIAL REVIEW PERMIT#1377 - GARY AND CAROL VANDERWAL
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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 (dairy equipment
business and storage buildings) in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 —The uses which will be permitted will be
compatible with the existing surrounding land uses. The property is
surrounded to the north by a sod farm and the Windsong Ranch
Subdivision. There is a farm and house to the west. To the south across
Highway 34 is a farm, and the Indianhead Subdivision lies to the
southwest. East of the site is a farm and the western border of the City of
Greeley.
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 site is within the three-mile referral area of
the Town of Windsor and the City of Greeley. The Town of Windsor
Planning Commission recommended approval of the application. The
applicant will attempt to address the requirements of the Windsor-
Severance Fire Protection District, as well as screen all outside storage
of vehicles and equipment. The City of Greeley found the application
does comply with its Comprehensive Plan and recommends the Colorado
Department of Transportation review the access from Highway 34.
e. Section 23-2-230.6.5 —The application complies with Chapter 23,
Article 5, of the Weld County Code. The site is located within the
Windsor Road Impact Fee Area as identified on maps officially adopted
by the County. Effective December 1, 1999, Building Permits issued on
the lot will be required to adhere to the fee structure of the Windsor Road
Impact Program area.
f. Section 23-2-230.B.6 —The 8.5-acre site is designated "Other Land" on
the Farmlands of National Importance Map dated 1979. The proposed
use will not take prime farmland out of production or make farming
practices less efficient.
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.
2002-1727
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SPECIAL REVIEW PERMIT#1377 - GARY AND CAROL VANDERWAL
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Gary and Carol VanderWal for a Site Specific
Development Plan and Use by Special Review Permit#1377 for a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (dairy
equipment business and storage buildings) 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) Use by Special Review#1377.
2) The attached Development Standards.
B. The existing septic system for the residence/office 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.
C. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health Division of the Weld County Department of
Public Health and Environment was unable to locate a septic permit for
the house located on the westernmost side of the site plan (near the
pool). Any existing septic system(s) which is not currently permitted
through the Weld County Department of Public Health and Environment
will require an Individual Sewage Disposal System (I.S.D.S.) Evaluation
prior to the issuance of the required septic permit(s). In the event the
system(s) is found to be inadequate the system(s) must be brought into
compliance with current I.S.D.S. Regulations.
D. In the event vehicle or equipment washing is conducted on the site, the
applicant shall ensure that all effluent and discharges from the washing of
vehicle(s) and/or equipment is captured in accordance with the Weld
County Code, the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
E. The applicant shall attempt to address the requirements of the Windsor-
Severance Fire Protection District.
F. The applicant shall submit a landscape, screening, and lighting plan to
the Department of Planning Services for review and approval.
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SPECIAL REVIEW PERMIT#1377 - GARY AND CAROL VANDERWAL
PAGE 4
G. A separate Building Permit shall be obtained prior to the construction,
alteration, or renovation of any building. A separate Building Permit may
be required for any change in the use of any building.
H. Structures shall be separated from each other in accordance with the
provisions of Chapter 5 of the 1997 UBC.
A Plan Review will be required for all buildings. Plans shall bear the wet
stamp of a Colorado Registered Architect or Engineer. Two complete
sets of plans are required when applying for the permit.
J. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC,
1997 IPC, 1999 NEC and Chapter 29 of the Weld County Code.
K. 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.
L. The applicant shall submit two (2) paper copies of the Use by Special
Review Plat to the Department of Planning Services for review and
approval.
M. The applicant shall establish one of the houses on the property as a
nonconforming structure with the 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 Weld County Clerk and Recorder's Office
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 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 Weld County Clerk and Recorder's Office.
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SPECIAL REVIEW PERMIT #1377 - GARY AND CAROL VANDERWAL
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of July, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
� � � � J WELD�COL}CRADO�
ATTEST:�J DD//%/// UUCP
�Trt D%//�/ E� Gle ad, Chair
Weld County Clerk to the ar
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O avid E ong ro-Tem
BY: C24 1fuA G`. v .t.:
Deputy Clerk to the B f `ye' i
- `;`yl v M. J. Cede
API(.7D AST • "t-71/7,z,1/7,z,j �
illiam H. Jerke
Aedty Attorne
bert D. Ma den
Date of signature: Vi
2002-1727
PL1615
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GARY AND CAROL VANDERWAL
USR#1377
1. The Site Specific Development Plan and Use by Special Review Permit#1377 is for a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts(dairy equipment business and storage buildings)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 normal hours of operation shall be from 7:00 a.m.to 6:00 p.m., Monday through Friday,
except in cases of emergency.
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. The 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.
9. Adequate hand washing and toilet facilities shall be provided for employees.
10. The facility shall utilize the existing public water supply (Little Thompson Water District).
11. In the event a bathroom is necessary for the proposed metal building,an Individual Sewage
Disposal System is required 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.
12. In the event vehicle or equipment washing is conducted on the site, the applicant shall
ensure that all effluent and discharges from the washing of vehicle(s)and/or equipment is
captured in accordance with the Weld County Code, the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency.
2002-1727
PL1615
DEVELOPMENT STANDARDS - GARY AND CAROL VANDERWAL (USR #1377)
PAGE 2
13. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Windsor Service Area Road Impact Program.
14. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
15. The off-street parking spaces, including the access drive, should be surfaced with gravel
or the equivalent and shall be graded to prevent drainage problems.
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, 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.
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.
2002-1727
PL1615
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