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Home My WebLink About20021437.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1385 FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SLIDE IN TRUCK CAMPER SALES, INDOOR STORAGE OF SLIDE IN TRUCK CAMPER PARTS, RECREATIONAL VEHICLE (RV) SERVICE AND REPAIR, NOT INCLUDING CHASSIS OR ENGINE REPAIR, SALE OF RV PARTS AND ACCESSORIES, EMBROIDERY/SEWING OF SLIDE IN TRUCK CAMPER CUSHIONS, HATS AND JACKETS, AND SALES OF HATS AND JACKETS) IN THE A (AGRICULTURAL) ZONE DISTRICT -WILLIAM WARD 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 26th day of June, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of William Ward, 12524 Weld County Road 25.5, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit #1385 for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (slide in truck camper sales, indoor storage of slide in truck camper parts, Recreational Vehicle (RV) service and repair, not including chassis or engine repair, sale of RV parts and accessories, embroidery/sewing of slide in truck camper cushions, hats and jackets, and sales of hats and jackets) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot A of Recorded Exemption #2235; being part of the SW1/4 NE1/4 of Section 31, Township 3 North, Range 66 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: 2002-1437 ,91,0'L, Pic) AL C6-7!) PL1608 SPECIAL REVIEW PERMIT#1385 - WILLIAM WARD PAGE 2 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. Section 22-2-150 (C.Goal 2) of the Weld County Code states, "Ensure the compatibility of commercial land uses with adjacent land uses." This facility is located adjacent to an existing Oil and Gas Support and Service facility (Rocky Mountain Oil Tools, Inc.) that was approved under Use by Special Review Permit #1216. With the exception of storage of slide in truck campers, all materials will be stored inside, and relatively few vehicle trips will be generated by this operation. The applicants are proposing a 120 square-foot lighted sign along the eastern property line. The property in question is zoned A (Agricultural). Section 23-4-90 of the Weld County Code allows one identification sign per principal use in the A (Agricultural) Zone District be allowed, provided the sign does not exceed sixteen (16) square feet in area. The proposed identification sign, due to its location in proximity to Highway 85, shall not exceed 36 square feet. 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 any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts as a Use by Special Review 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. This facility is located adjacent to an existing Oil and Gas Support and Service facility (Rocky Mountain Oil Tools, Inc.). State Highway 85 is located immediately west of this site. Farmground and vacant land is located both west and south of the site. 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 proposed use is located within the three-mile referral area for the Town of Platteville. The Town of Platteville, in a referral received April 23, 2002, indicated no conflict with its interests. e. Section 23-2-230.B.5 —The site does not lie within any Overlay Districts. f. Section 23-2-230.B.6 —The applicant has demonstrated a diligent effort to conserve prime farmland in the locational decision for the proposed use. The proposed use is located on land designated "Prime" by the 1979 Soil Conservation Service Important Farmlands of Weld County Map. However, the size of the site (3 acres), location of existing improvements, and concrete access and parking areas on the property make the property impractical to farm. 2002-1437 PL1608 SPECIAL REVIEW PERMIT #1385 - WILLIAM WARD PAGE 3 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 are sufficient to 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 William Ward for a Site Specific Development Plan and Use by Special Review Permit#1385 for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (slide in truck camper sales, indoor storage of slide in truck camper parts, RV service and repair, not including chassis or engine repair, sale of RV parts and accessories, embroidery/sewing of slide in truck camper cushions, hats and jackets, and sales of hats and jackets) 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 labeled USR-1385. B. The plat shall be amended to delineate the following: 1) The Use by Special Review Plat shall satisfy submittal requirements outlined in Section 23-2-260.D of the Weld County Code. 2) The attached Development Standards. 3) The approved Landscape Plan. 4) The camper display area. 5) Weld County Road 25.5 is designated on the Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 25.5 shall be designated on the plat. C. A Landscape Plan shall be submitted for review and approval by the Department of Planning Services. Plant types, sizes, and heights shall 2002-1437 PL1608 SPECIAL REVIEW PERMIT#1385 - WILLIAM WARD PAGE 4 be indicated on the plan. The Landscape Plan shall address screening along Highway 85, the parking area, and open areas adjacent to Weld County Road 25.5. Proposed landscaping in clear vision areas shall be no more than 2.5 feet in height. D. The septic system serving the embroidery/sewing shop 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 Department of Planning Services. E. 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. 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). Evidence of approval shall be submitted to the Department of Planning Services. F. The application shall address the requirements of the Weld County Department of Public Works regarding the existing drainage pond. Evidence of Department of Public Works approval shall be submitted to the Department of Planning Services. G. Upon completion of Conditions #2.A through #2.F, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 3. Prior to operation: A. The applicant shall address the requirements of the Weld County Department of Building Inspection as outlined in its referral received April 22, 2002. 4. The applicant shall provide a copy of the approved Augmentation Plan and the Well Permit for irrigation of landscaping to the Department of Planning Services. 2002-1437 PL1608 SPECIAL REVIEW PERMIT #1385 - WILLIAM WARD PAGE 5 5. Upon completion of Condition #2 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 Weld County Board of Commissioners' Resolution. The applicant shall be responsible for paying the recording fee. 6. 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. 7. 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 26th day of June, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: fat, �� Q'4)`� EXCUSED r> -' Glen ad, Chair Weld County Clerk tot tt}, , 41Z9.� FZN, BY: • � :_ ./i_ 1!.;' r'- David E. L.y+:, Pro-Tem Deputy Clerk to the M. J. eile Q)ItDAS M: � lk-/7ve LL// William H. Jerke County ttorn EXCUSED DATE OF SIGNING (AYE) Robert D. Masden Date of signature: 7/// 2002-1437 PL1608 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WILLIAM WARD USR#1385 1. The Site Specific Development Plan and Use by Special Review Permit#1385 is for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (slide in truck camper sales, indoor storage of slide in truck camper parts, RV service and repair, not including chassis or engine repair, sale of RV parts and accessories, embroidery/sewing of slide in truck camper cushions, hats and jackets, and sales of hats and jackets)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 on-site identification sign proposed adjacent to State Highway 85 shall not exceed 36 square feet. 4. Any on-site signs to be illuminated shall be internally illuminated. 5. Hours of operation shall be from 8:30 a.m. to 5:30 p.m., Monday through Saturday, as indicated in the application materials. 6. RV service and repair work shall be conducted within enclosed buildings. No storage of RV's, or parts and accessories, shall be allowed outside. 7. The 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. 8. The applicant shall utilize the existing access from Weld County Road 25.5. 9. There shall be no direct access onto State Highway 85. 10. The applicant shall utilize the parking areas designated on the plat. 11. 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. 12. 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. 13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 14. Fugitive dust shall be controlled on this site. 2002-1437 PL1608 DEVELOPMENT STANDARDS - WILLIAM WARD (USR #1385) PAGE 2 15. 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. 16. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling. 17. The applicant shall operate in accordance with the approved Waste Handling Plan. 18. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. 19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 22. 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. 23. 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. 24. 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. 2002-1437 PL1608 Hello