HomeMy WebLinkAbout20022153.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1376 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR
ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPING
MATERIALS YARD) IN THE A(AGRICULTURAL) ZONE DISTRICT - JENNIFER
BARGEN AND BART STONEBACK
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 4th day of
September, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Jennifer Bargen and Bart Stoneback, 848 Weld County Road 17,
Brighton, Colorado 80603, for a Site Specific Development Plan and Use by Special Review
Permit#1376 for a Business Permitted as a Use by Right or Accessory Use in the Commercial
Zone District (landscaping materials yard) in the A (Agricultural) Zone District on the following
described real estate, to-wit:
N1/2 NW1/4 of Section 33, Township 1 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. Section
22-2-150 B.1 (C.Goal 2) states, "ensure the compatibility of commercial
land uses with adjacent land uses." The proposed use will have little, if
any, impact upon the surrounding properties.
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SPECIAL REVIEW PERMIT#1376 - JENNIFER BARGEN AND BART STONEBACK
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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 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.
c. Section 23-2-230.B.3 --The uses which will be permitted will be
compatible with the existing surrounding land uses. Surrounding
properties are agricultural in nature with few homes in close proximity.
Although the landscaping materials yard has been operating from the
site, no complaints have been received from the surrounding property
owners. The Conditions of Approval and Development Standards will
ensure compatibility.
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 is within the three-mile referral area for
the City of Northglenn; however, in a referral received June 6, 2002, the
City indicated no conflicts with its interests.
e. Section 23-2-230.B.5—The application complies with Section 23-5 of the
Weld County Code. Effective December 1, 1999, Building Permits issued
on the lot will be required to adhere to the fee structure of the Southwest
Weld Road Impact Program Area 3. A small portion of the northwest
corner lies within the flood plain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map 080266 0990 C,
dated September 28, 1982. No improvements are delineated in this area.
Any future development shall comply with the Flood Hazard Overlay
District requirements of Chapter 23, Article V, Division 3, of the Weld
County Code.
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 site is designated "Other" and "High Potential Dry
Cropland - Prime if they Become Irrigated" by the U.S.D.A. Soil
Conservation Services. The site does not have any irrigation, therefore,
no prime farm ground will be taken out of production. Further, the
operation is located on a small portion of the property which will allow the
remainder to stay in production.
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.
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SPECIAL REVIEW PERMIT#1376 - JENNIFER BARGEN AND BART STONEBACK
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Jennifer Bargen and Bart Stoneback for a Site
Specific Development Plan and Use by Special Review Permit#1376 for a Business Permitted
as a Use by Right or Accessory Use in the Commercial Zone District (landscaping materials
yard) 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 applicant shall submit a Landscape/Screening Plan for review and
approval. The plan shall also address the following:
1) The applicant shall delineate an opaque visual screen on all sides
of the property to mitigate the potential negative impact and
aesthetic concerns on surrounding properties.
2) Section 23-3-250.A.6 of the Weld County Code addresses the
issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent public rights-of-way
and adjacent properties. These areas shall be designed and used
in a manner that will prevent trash being scattered by wind or
animals.
3) Section 23-3-250.6 addresses operation standards for
Commercial uses. The applicant shall address the issue of
on-site lighting, including security lighting if applicable.
Subsection F states, "any lighting ... shall be designed, located
and operated in such a manner as to meet the following
standards: sources of light shall be shielded so that beams or rays
of light will not shine directly onto adjacent properties...."
4) The applicant has not delineated any on-site sign(s). If an on-site
sign(s) is desired, the signs shall adhere to Sections 23-4-90.A
and 23-4-90.6 of the Weld County Code. One identification sign
per principal use shall be allowed, provided that the sign does not
exceed sixteen (16) square feet in area, per face. Further, the
location of the sign, if applicable, shall be delineated on the
Landscape/Site Plan.
B. The applicant shall submit a Parking Plan to the Weld County
Department of Public Works for review and approval. The plan shall
indicate separate, adequate parking areas for equipment and employees.
Evidence of approval by the Department of Public Works shall be
submitted to the Weld County Department of Planning Services.
C. The applicant shall contact the Weld County Sheriffs Office to discuss
safety, security, and crime prevention.
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SPECIAL REVIEW PERMIT #1376 - JENNIFER BARGEN AND BART STONEBACK
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D. The applicant shall complete all proposed screening/landscaping or enter
into an Improvements Agreement According to Policy Regarding
Collateral for Improvements and post adequate collateral for all screening
materials. The agreement and form of collateral shall be reviewed by
County staff and accepted by the Board of County Commissioners prior
to recording the plat.
E. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment. Evidence of approval shall be submitted to the Weld
County Department of Planning Services.
F. The septic system serving the house 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
by the Environmental Health Services Division shall be submitted to the
Weld County Department of Planning Services.
G. 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. Evidence of approval by the
Environmental Health Services Division 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 (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).
H. The plat shall delineate the following:
1) The approved Landscape/Screening Plan.
2) The attached Development Standards.
3) The Use by Special Review boundary and associated legal
description shall not include Lot A of Recorded Exemption #3222.
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SPECIAL REVIEW PERMIT#1376 - JENNIFER BARGEN AND BART STONEBACK
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4) The approved Parking Plan.
5) Weld County Roads 4 and 17 are designated on the Southwest
Study Area Capacity Improvement Needs as paved rural roads.
There is presently 60 feet of right-of-way. Thirty (30) feet from the
center line of Weld County Roads 4 and 17 shall be delineated on
the plat as right-of-way.
6) The existing access to Weld County Road 4 shall be labeled as a
secondary access to remain gated.
7) The plat shall be labeled USR-1376.
8) Location of and the required setbacks from oil wells.
2. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions #1 and #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 Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
4. 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(aco.weld.co.us.
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.
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SPECIAL REVIEW PERMIT #1376 - JENNIFER BARGEN AND BART STONEBACK
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of September, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Lid t'LEL/a EXCUSED
tot Gle aad, Chair
Weld County Clerk to th:� tr.i
i fir. fiRt David . L'-ng, Pro-BY: Deputy Clerk to the Bo?•�` �� - .
. J. eile
$yAtrne0
D O ORM: fr7,
iam H. Jer a�(�1
y , u V V
Robert D. Masden
Date of signature: 97.25
2002-2153
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JENNIFER BARGEN AND BART STONEBACK
USR#1376
1. The Site Specific Development Plan and Use by Special Review Permit is for a Business
Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(landscaping materials yard) 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 applicant shall retain and release, at a historical rate, any additional storm water that
may be generated by the existing asphalt area and new bulk material unloading areas.
4. Outside storage of combustible materials piles shall not exceed twenty (20)feet in height,
one-hundred fifty (150) feet in width, and two-hundred fifty (250) feet in length. Outside
storage of combustible material shall maintain thirty(30)feet clearance from any structure.
5. Combustible vegetation shall be kept clear of structures to a minimum distance of thirty(30)
feet.
6. There shall be no storage within thirty (30) feet from any existing oil wells.
7. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program Area 3.
8. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/Screening plan.
9. The existing access to Weld County Road 4 shall only be used as a secondary access and
is to remain gated.
10. 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.
11. 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.
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
13. Fugitive dust shall be controlled on this site.
14. 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.
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DEVELOPMENT STANDARDS - JENNIFER BARGEN AND BART STONEBACK (USR#1376)
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15. Adequate toilet and hand washing facilities shall be provided for employees. The
employees shall be allowed to use the toilet facilities located in the residence.
16. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations.
17. The facility shall provide an adequate water supply for drinking and sanitary purposes.
18. All tank batteries located on this application shall comply with the Above Ground Storage
Tank Regulations (7 CCR 1101-14).
19. No retail sales shall be allowed on the site.
20. Hours of operation shall be from 7:00 a.m. to 4:00 p.m.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. 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.
24. 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.
25. 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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