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Home My WebLink About20021991.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1372 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 (CONCRETE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - BENNIE RODRIGUEZ 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 14th day of August, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Bennie Rodriguez, P.O. Box 1376, Greeley, Colorado 80634, for a Site Specific Development Plan and Use by Special Review Permit#1372 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 (concrete business) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot B of Recorded Exemption #2063; being part of the NW1/4 of Section 35, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Andy Jones, Lind, Lawrence and Ottenhoff, LLP, 1011 11th Avenue, Greeley, Colorado 80631, 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 is compatible with surrounding land uses in the area, that the proposed Conditions and Development Standards will adequately mitigate any incompatibilities, and that the 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.2 -- The proposal is consistent with the intent of the Zone District in which the use will be located. Section 23-3-40.R of the Weld County Code provides for a business permitted as a Use by Right or Accessory Use in the Commercial Zone District as a Use by Special Review in the A (Agricultural) Zone District. 2002-1991 CC : FL "id) </L, 4347 PL1620 SPECIAL REVIEW PERMIT#1372 - BENNIE RODRIGUEZ PAGE 2 b. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. c. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible with the future development of the surrounding area as permitted by the existing Zone District and with 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. d. 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 Bennie Rodriguez for a Site Specific Development Plan and Use by Special Review Permit#1372 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 (concrete 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 be amended to delineate the following: 1) The approved Landscape/Screening Plan. 2) The attached Development Standards. 3) Weld County Road 52 (49th Street) is designated on the Transportation Plan Map as a collector status road, which requires an eighty (80) foot right-of-way at full build out. There is presently a sixty (60)foot right-of-way. A total of 40 feet from the centerline of Weld County Road 52 shall be delineated on the plat as right- of-way reservation for future expansion of Weld County Road 52. 4) An access, as approved by the City of Evans, along with the appropriate easements. B. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan shall meet all requirements of Sections 23-2-240.A.10, 23-3-250.A.5.a and b, and 23-3-350.G.1 and 2, of the Weld County Code. The plan shall also address on-site lighting and trash and the location and type of all fencing. 2002-1991 PL1620 SPECIAL REVIEW PERMIT#1372 - BENNIE RODRIGUEZ PAGE 3 C. The existing 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. Evidence of Weld County Department of Public Health and Environment approval shall be submitted to the Weld County Department of Planning Services. D. Weld County Road 52 (49th Street) is maintained by the City of Evans. The City of Evans has jurisdiction of all accesses in its annexed street system. The applicant shall contact the City of Evans to verify access permits and any additional requirements that may be necessary to obtain or upgrade the permit. Evidence of approval by the City of Evans shall be submitted to the Weld County Department of Planning Services. E. The applicant shall submit a Waste Handling Plan to the Weld County Department of Public Health and Environment, Environmental Health Services Division. Evidence of approval shall be submitted to the Weld County 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, including 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. F. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. G. The applicant shall submit evidence that they have a water tap for the proposed use from Central Weld County Water District. H. The applicant shall submit a paper copy of the Use by Special Review plat for review and approval. 2. Upon completion of Condition #1, 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 2002-1991 PL1620 SPECIAL REVIEW PERMIT#1372 - BENNIE RODRIGUEZ PAGE 4 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. Prior to operation: A. A Building Permit shall be obtained for a change of use to a shop building. B. A Plan Review is required for each building. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WEL COUN Y, COLORADO ATTEST: L ( _ _/f/ I � ]E La n.Vaa air Weld County Clerk to the : r. ,4 '\1861 ' r 'f vid E. Lor)g7, Rro- e BY: , Deputy Clerk to the Boa!► � 1d U ►�' M. J. Geile AP D ORM: `t r, 22/`,../ 1 iam H. Jerke ()tun Attdrney Robert D. Masden Date of signature: "9 2002-1991 PL1620 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BENNIE RODRIGUEZ USR#1372 1. The Site Specific Development Plan and Use by Special Review Permit#1372 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 (concrete 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 as delineated in Section 25-12-103, C.R.S. 8. Adequate handwashing and toilet facilities shall be provided for employees. 9. The facility shall utilize the existing public water supply (Central Weld Water District). 10. The site shall be used as a shop and office only. No vehicle washing, concrete processing, mixing, pouring, or forming shall be conducted on the site. 11. No signage related to the concrete business shall be allowed on the site. 12. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. 13. 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. 14. Client contacts shall be conducted off site or by telephone and mail. No customers shall be allowed at this site. 2002-1991 PL1620 DEVELOPMENT STANDARDS - BENNIE RODRIGUEZ (USR#1372) PAGE 2 15. Any maintenance work done on site shall be performed within the 40-foot by 60-foot shop. 16. The site shall operate only during daylight hours. This includes vehicle traffic not related to the residence. 17. The off-street parking spaces, including access drives, shall be surfaced with gravel, asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems. 18. No parking of vehicles shall be allowed on site except those related to the residence or concrete business. 19. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and Chapter 29 of the Weld County Code. 20. Buildings will require a letter from a Colorado Registered Engineer stating that the foundation is structurally suitable for the intended use. 21. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 24. 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. 25. 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. 26. 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. 2002-1991 PL1620 Hello