HomeMy WebLinkAbout20021845.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1388 FOR A USE PERMITTED AS A USE BY RIGHT IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (TRUCKING COMPANY) IN THE
A(AGRICULTURAL) ZONE DISTRICT - EDWARD AND DELORIS WOLFE/ROBERT
AND JANET WILEY
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 31st 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 Edward and Debris Wolfe, 546 South 15th Drive, Brighton, Colorado 80601,
and Robert and Janet Wiley, 4482 Weld County Road 27, Fort Lupton, Colorado 80621, for a
Site Specific Development Plan and Use by Special Review Permit#1388 for a use permitted
as a Use by Right in the Commercial or Industrial Zone Districts (trucking company) in the A
(Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption #2310; being part of
the S1/2 NW1/4 of Section 16, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Kirk Goble, The Bell 5 Land Company,
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 ordinance in effect. Section
22-2-60.A.1 of the Weld County Code (A.Goal 1) states, "Preserve prime
farmland for agricultural purposes which foster the economic health and
continuance of agriculture." A portion of the site is considered prime
agricultural land by the Important Farmlands of Weld County Map, dated
�L� /P 2002-1845
CC PL1617
SPECIAL REVIEW PERMIT#1388 - EDWARD AND DELORIS WOLFE/ROBERT AND JANET
WILEY
PAGE 2
1979. Section 22-2-60.1.1 of the Weld County Code indicates that eighty
(80) acres is considered the minimum lot size needed for a viable farming
operation. The subject property is 73 acres in size. However, the
applicants are proposing to designate two to four acres as the Use by
Special Review Permit boundaries and continue to farm the remainder of
the parcel.
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 permitted as a Use by Right 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. The proposed
parking area and access have been located with consideration to
adjacent homes. Further, the Conditions of Approval and Development
Standards will ensure 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 City of Fort Lupton three-
mile referral area. The City of Fort Lupton 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 agricultural land in the locational decision for the
proposed use. The proposed site is designated "Prime" and "Not Prime"
by the U.S.D.A. Soil Conservation Services. The parcel is Lot B of
Recorded Exemption #2310, and a Building Envelope was designated on
the property as part of that approval process. The proposed business will
be located within the Building Envelope and the applicants are intending
to farm the remainder of the property.
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.
2002-1845
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SPECIAL REVIEW PERMIT#1388 - EDWARD AND DELORIS WOLFE/ROBERT AND JANET
WILEY
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Edward and Deloris Wolfe and Robert and Janet
Wiley for a Site Specific Development Plan and Use by Special Review Permit#1388 for a use
permitted as a Use by Right in the Commercial or Industrial Zone Districts (trucking 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. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The plat shall be labeled Use by Special Review, USR-1388.
3) The shop building shall be orientated so all truck parking is
located on the south side of the building.
4) The Use by Special Review boundaries shall delineate the
appropriate acreage not to exceed four (4) acres, as indicated in
the application materials.
5) All signage shall be indicated by location and size and shall
adhere to Sections 23-4-90.A and B of the Weld County Code.
6) Lighting shall be indicated in accordance with Section 23-3-360.F
of the Weld County Code.
7) Four (4) parking spaces, including spaces which adhere to
Americans with Disabilities Act (ADA) standards. Parking shall be
screened from public rights-of-way and adjacent properties and
shall meet the requirements of Section 23-3-350.B of the Weld
County Code.
8) One (1) off-street loading parking area shall be indicated which
meets the requirements of Section 23-4-50.A through, and
including, Section 23-4-50.E of the Weld County Code.
9) The internal circulation shall be clearly indicated.
10) A trash collection area in accordance with Section 23-3-350.H of
the Weld County Code.
2002-1845
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SPECIAL REVIEW PERMIT#1388 - EDWARD AND DELORIS WOLFE/ROBERT AND JANET
WILEY
PAGE 4
11) Adequate screening for parking and loading areas shall be clearly
indicated and shall meet the requirements of Section 23-3-320 of
the Weld County Code. Adequate screening of outside storage
shall be provided with solid board fencing spaced one-quarter
(1/4) inch and a minimum of six (6) feet in height, or an equivalent
screening provided that it is approved by the Department of
Planning Services.
12) A total of 30 feet from the centerline of Weld County Road 29
shall be delineated right-of-way on the plat.
B. The applicant shall submit written evidence to the Weld County
Departments of Planning Services and Public Health and Environment
from the Colorado Division of Water Resources, demonstrating that the
well is appropriately permitted for the commercial use.
C. The applicant shall attempt to address the requirements of the City of
Fort Lupton as stated in the referral response dated May 10, 2002.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
D. The Landscape Plan shall be amended as indicated in the review dated
May 6, 2002.
E. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County 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 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 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 mapsaco.weld.co.us.
2002-1845
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SPECIAL REVIEW PERMIT #1388 - EDWARD AND DELORIS WOLFE/ROBERT AND JANET
WILEY
PAGE 5
4. Prior issuance of a Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed shop
and residence and shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations. The
proposed shop septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County I.S.D.S.
Regulations. The proposed residence septic system may be required to
be designed by a Colorado Registered Professional Engineer.
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 31st day of July, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Mid)
� -'• IEI�`� EXCUSED DATE OF SIGNING (AYE)
0 a Gle Vaad, Chair
Weld County Clerk to the ar 0,
1861 (I �' �.9
!:,a `lmavid E. L g, Pro-Tem
BY: —� :.rs. 1*
Deputy Clerk to the Bo 1r�� ` /7//' o,t✓
M. J. eile
AP D AS RM: EXCUSED DATE OF SIGNING (AYE)
William H. Jer e
Coun y Att rney
Robert D. Masden
Date of signature: Y/7
2002-1845
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EDWARD AND DELORIS WOLFE
AND
ROBERT AND JANET WILEY
USR#1388
1. The Site Specific Development Plan and Use by Special Review Permit#1388 is for a use
permitted as a Use by Right in the Commercial or Industrial Zone Districts (trucking
company) 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. 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.
8. The applicant shall operate in accordance with the approved "waste handling plan."
9. Adequate hand washing and toilet facilities shall be provided for the employees of the
facility.
10. Any septic system located on the property must comply with all the provisions of the Weld
County Code, pertaining to the I.S.D.S. Regulations.
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
12. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. Any equipment or vehicle washing area(s)shall capture all effluent and prevent discharges
from the washing of equipment and vehicles in accordance with the Weld County Code,the
Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency.
2002-1845
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DEVELOPMENT STANDARDS - EDWARD AND DELORIS WOLFE/ROBERT AND JANET
WILEY (USR#1388)
PAGE 2
14. 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.
15. The use of jake brakes shall not be allowed on Weld County Road 29 or at the intersection
of Weld County Roads 29 and 10.
16. No parking or staging of trucks shall be allowed on Weld County Road 29. Utilize on-site
parking areas.
17. All maintenance of trucks shall be performed within the shop or in an area that is screened
from adjacent properties.
18. The number of trucks associated with the business shall not exceed five (5).
19. The maximum number of employees shall be five (5). This does not include the owners of
the property.
20. The hours of operation shall be from 6:00 a.m. to 5:00 p.m., Monday through Saturday.
Hours of operation may be extended with specific permission from the Weld County Board
of Commissioners.
21. Storage and parking of trucks on the parcel shall be limited to those operated or owned by
Wiley Trucking.
22. The landscaping on site shall be maintained in accordance with the approved landscape
plan.
23. 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.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
26. 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.
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DEVELOPMENT STANDARDS - EDWARD AND DELORIS WOLFE/ROBERT AND JANET
W ILEY (USR#1388)
PAGE 3
27. 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.
28. 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.
29. No on-site storage of hauled materials related to the trucking business is allowed.
2002-1845
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