HomeMy WebLinkAbout20020492.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1366 FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT
(MAJESTIC FENCE COMPANY) IN THE A(AGRICULTURAL) ZONE DISTRICT -
SHAWN AND STACEY GREATHOUSE
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 20th day
of March, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Shawn and Stacey Greathouse, 444 La Costa Lane, Johnstown,
Colorado 80534, for a Site Specific Development Plan and Use by Special Review Permit
#1366 for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone District (Majestic Fence Company) in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Lot B of Recorded Exemption #2720; being part of
the S1/2 of the SW 1/4 of Section 32, Township 5
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicants were 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 applicants 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 applicants have
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-2302.1 —The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect. Section
23-2-60.6.1 (A.Goal 2) allows for commercial and industrial uses to
locate in the A (Agricultural) Zone District when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are
available. The Development Standards, Conditions of Approval, and
Operations Standards will effectively mitigate any adverse impacts to
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SPECIAL REVIEW PERMIT#1366 - SHAWN AND STACEY GREATHOUSE
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surrounding areas. Water is provided by the Little Thompson Water
District and the sewage disposal will provided by a permitted septic
system.
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 Site Specific Development Plan and a Use by
Special Review Permit in the A (Agricultural) Zone District for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts (Majestic Fence
Company), provided that the property is not a lot in an approved or
recorded subdivision plat or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
area is primarily agricultural with a few residences associated with the
agricultural activities. This application is for the Majestic Fence
Company, with the proposed building looking similar to other agricultural
buildings. It will have one office, interior materials storage, and parking
for vehicles. Exterior storage of equipment and lumber will be in a
screened and enclosed area adjacent to the building. The Conditions of
Approval and Development Standards ensure that the proposal is
consistent with surrounding land uses.
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. This proposal lies within the three-mile referral
areas of the Towns of Johnstown and Milliken. The Town of Johnstown
indicated that its Comprehensive Land Use Plan does not designate this
area as commercial, and would prefer annexation of the property to the
Town. The Town of Milliken did not respond. The Conditions of Approval
and Development Standards will ensure protection of the health, safety
and welfare of the citizens of Weld County.
e. Section 23-2-230.B.5—The site does not lie within any Overlay Districts.
f. Section 23-2-230.B.6 —The applicants have demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use. The property is Lot B of Recorded Exemption #2720 and
is considered "Prime" agricultural land by the Important Farmlands of
Weld County Map. The applicants have proposed to place each structure
(personal residence and business operations facility)within established
building envelopes as required through the Recorded Exemption approval
process. Section 22-2-60.1.1 of the Weld County Comprehensive Plan
indicates that eighty (80) acres is considered the minimum lot size
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needed for a viable farming operation. The subject property is 45.8 acres
in size and is leased to an adjacent neighbor for agricultural operations.
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 Shawn and Stacey Greathouse for a Site
Specific Development Plan and Use by Special Review Permit#1366 for a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District
(Majestic Fence Company) 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.
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The applicants should reserve an additional 20 feet of property
parallel to the Weld County Road 50 right-of-way for future build
out. This should all be delineated on the Use by Special Review
Plat. There shall be no new residential/commercial accesses
allowed onto roadways classified as an arterial if secondary
accesses are available from non-arterial status roads.
2) The off-street parking spaces at the main office parking lot,
including the access drive, shall be surfaced with gravel, asphalt,
concrete, or the equivalent, and shall be graded to prevent
drainage problems. The area shall be delineated on the Use by
Special Review Plat.
3) The apron approach from Weld County Road 15.5 into the
property shall have a hard surface access. This apron shall be
delineated on the Use by Special Review Plat.
4) Both accesses shall be placed in such a location to have
adequate sight distance in either direction, not below the crest of
a hill, or where physical obstructions are present, and shall be
clearly delineated on the Use by Special Review Plat.
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5) The location of all security lighting for the structure and storage
yard.
B. In event the shop is equipped with a floor drain, the applicants must apply
for an Underground Injection Control (UIC) Class V Injection Well Permit
through the Environmental Protection Agency (EPA), for the floor drain
system that serves the maintenance shop, or provide evidence that the
applicants are not subject to the EPA Class V requirements. Written
evidence of compliance from the Weld County Department of Public
Health and Environment shall be submitted to the Department of
Planning Services.
C. An individual sewage disposal system is required for the proposed
shop/office and shall be designed by a Colorado Registered Professional
Engineer and installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. Written evidence of compliance
from the Weld County Department of Public Health and Environment
shall be submitted to the Department of Planning Services.
D. In the event vehicles or equipment are washed on site, the applicants
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 vehicles and/or equipment in accordance
with the Rules and Regulations of the Water Quality Control Commission
and the EPA. Written evidence of compliance from the Weld County
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
E. Upon completion of items 3.A through, and including 3.E, the applicants
shall submit a paper copy of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper
copy, the applicants 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
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 sixty (60) days from the date of the Board of County
Commissioners Resolution. The applicants shall be responsible for
paying the recording fee.
4. Prior to Certificate of Occupancy/Operation:
A. Proper building permits shall be obtained in accordance with the referral
response from the Weld County Department of Building Inspection, dated
September 5, 2001, prior to any construction, demolition, or excavation.
Part of the permit application process includes a complete Plan Review.
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B. Site and building drawings shall be submitted to the Johnstown Fire
Protection District. Written evidence of an attempt to comply with Fire
Protection District requirements shall be submitted to the Weld County
Department of Planning Services.
C. Submit evidence that the Weld County Sheriffs Office has conducted a
security review of the property to determine the property is secure.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT CO.ORADO
ATTEST: a /�
Gleaad, Ch. i
Weld County Clerk tot '�A.90 �s _-1
cQ 1; 1, David E. L'-ng, Pro-Tem
BY:
Deputy Clerk to the Bo
. J. eile
AyrED AS M: EXCUSED DATE OF SINGING (AYE)
�� illiam H. Jerke
o my At J •
Robert D. Masden
Date of signature: aw'
2002-0492
PL1591
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHAWN AND STACEY GREATHOUSE
USR#1366
1. The Site Specific Development Plan and Use by Special Review Permit is for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Majestic Fence Company), provided that the
property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan
filed prior to adoption of any regulations controlling subdivisions 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 facility shall operate in accordance with the approved Dust Control Plan.
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 District as delineated in Section 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided for employee and patron use.
10. The facility shall utilize the existing public water supply (Little Thompson Water).
11. If applicable, the applicants shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
12. Any vehicle or equipment washing area(s)shall capture all effluent and prevent discharges
from the washing of vehicle and/or equipment in accordance with the Weld County Code,
the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency (EPA).
13. An Individual Sewage Disposal System (I.S.D.S.) is required for the proposed facility and
shall be installed according to the Weld County I.S.D.S. Regulations.
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14. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County I.S.D.S. Regulations.
15. The landscaping on site shall be maintained in accordance with the approved landscape
plan.
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.
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