HomeMy WebLinkAbout20052941.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1519 FOR A HOME BUSINESS (PARKING AND MAINTENANCE OF
TRUCKS AND TRAILERS)IN THE A(AGRICULTURAL)ZONE DISTRICT-GLEN AND
VIRGINIA VAN OEVEREN
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 2nd day of
November,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Glen and Virginia Van Oeveren,22970 Weld County Road 22, Hudson,Colorado
80642,for a Site Specific Development Plan and Use by Special Review Permit#1519 for a Home
Business(parking and maintenance of trucks and trailers)in the A(Agricultural)Zone District on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption#2345;being part of the
NE1/4 of Section 14, Township 2 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS,at said hearing the Board deemed it advisable to continue the matter to Monday,
November 21, 2005, at 9:30 a.m., to allow adequate time for staff to notify new property owners
within 500 feet of the site., and
WHEREAS,on November 21, 2005, said applicants were present, 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. The applicant has shown compliance with Section 23-2-230.6 of the Weld County
Code, as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect. Section 22-2-
60.A.1 (A.Goal 1) promotes the preservation of prime farmland for
agricultural purposes which foster the economic health and continuance of
agriculture. The proposal does not effect the productivity of the site.
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SPECIAL REVIEW PERMIT#1519 - GLEN AND VIRGINIA VAN OEVEREN
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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.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing 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.
e. Section 23-2-230.6.5 --The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
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 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 Glen and Virginia Van Oeveren for a Site Specific
Development Plan and Use by Special Review Permit#1519 for a Home Business (parking and
maintenance of trucks and trailers) 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 Dust Abatement Plan,for review and approval,
to the Weld County Department of Public Health and Environment. Evidence
of approval shall be submitted to the Department of Planning Services.
B. The applicant shall submit a Waste Handling Plan,for approval,to the Weld
County Department of Public Health and Environment. Evidence of approval
shall be submitted to the 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 the site,
including expected volumes and types of waste generated.
2) A list of the type and volume of chemicals expected to be stored on
the site.
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3) The waste handler and facility where the waste will be disposed,
including the facility name, address, and phone number.
C. The applicant shall submit a Screening/Landscape Plan to the Weld County
Department of Planning Services for review and approval. The plan shall
address the following:
1) In order to mitigate the potential negative impact and aesthetic
concerns on surrounding properties,the applicant shall delineate an
opaque visual screen on all sides of the areas proposed for parking
and outdoor storage.
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 properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals.
3) Section 23-3-250.B addresses operation standards for Commercial
uses. The applicant shall address the issue of on-site lighting,
including security lighting if applicable. Subsection 6 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.B 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.
D. The applicant shall submit evidence of an Aboveground Storage Tank permit
from the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section,for any aboveground storage tanks located on the site.
Alternately, the applicant can provide evidence from the CDL&E, Oil
Inspection Section, that they are not subject to these requirements
E. The septic system serving the home shall be reviewed by a Colorado
professional engineer and the review shall consist of observation of the
system and a technical review describing the system's ability to handle the
proposed hydraulic flows. The review shall be submitted to the Weld County
Department of Public Health and Environment. In the event the system is
found to be inadequate in size or construction, it shall be brought into
compliance with current regulations.
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2. The plat shall be amended to delineate the following:
A. All sheets shall be labeled USR-1519.
B. The attached Development Standards.
C. The Use by Special Review plat shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
D. The proposed facility consists of a single family residence and a
2,400-square-foot maintenance shop. The parking requirement for the
maintenance shop has been classified as"warehouse"for the purposes of
this application. Required parking is one space per 1,000 square feet of
area. The application materials state there will be eight(8)employees; six
(6)employees, and two(2)contract drivers utilizing the site daily,and there
may be up to ten (10) trucks, six (6) pneumatic trailers, four (4) flat bed
trailers,and one(1)box-trailer operated from this site. Total parking required
for this facility is thirty-one(31)parking spaces. The application materials do
not indicate that the public comes to this facility,thus staff will not require the
applicant to meet the requirements of the Americans with Disabilities
Act (ADA). Should this change, this requirement shall be met.
E. The location of the dumpster shall be delineated on the plat. Areas used for
trash collection shall be screened from public rights-of-way and all adjacent
properties. These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals, as outlined in
Section 23-3-250.A.6 of the Weld County Code.
F. The applicant shall provide a Lighting Plan. Should exterior lighting be a part
of this facility, all light standards shall be delineated on the Use by Special
Review Plat in accordance with Section 23-2-250.D.1 of the Weld County
Code.
G. The existing and approved accesses shall be clearly shown on the plat. The
applicant shall contact the Weld County Department of Public Works to
determine if a culvert is necessary at any approved road access. If a
drainage culvert is required, a 15-inch Corrugated Metal Pipe is Weld
County's minimum size. If the applicant chooses to place a larger culvert,
the Weld County Department of Public Works must be contacted to
adequately size the culvert.
H. The approved off-street parking for the tractor trailers and employee vehicles
and the proposed circulation pattern shall be delineated on the plat.
I. Weld County Roads 22 and 47 are located adjacent to this site.Weld County
Road 22 is designated on the Weld County Road Classification Plan as a
Arterial status road,which requires 140 feet of right-of-way at full build out.
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There is presently 60 feet of right-of-way. A total of 70 feet from the
centerline of Weld County Road 22 shall be delineated as right-of-way on the
plat. This road is maintained by Weld County.
J. The applicant shall indicate,on the plat drawing,any rights-of-way or future
rights-of-way associated with Weld County Road 22 and the Weld County
Road 47 section line.
K. Weld County Road 47 is designated on the Weld County Road Classification
Plan as a section line road. To determine if a road right-of-way exists along
this section line, determine the land patent date. Weld County may, if
approved by the Board of County Commissioners, grant a Non-Exclusive
License Agreement for the upgrade and maintenance of private improvement
within this right-of-way. Evidence of approval shall be submitted to the
Department of Planning Services.
3. The applicant shall submit two(2) paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services.
4. Upon completion of Conditions of Approval#1,#2,and#3 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.
5. The Department of Planning Services respectfully 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.
6. Prior to the release of building permits:
A. A building permit is required for the change of use from an agricultural
exempt building to an S-1 occupancy for vehicle repair/maintenance. Two
complete sets of engineer stamped plans will be required at the time of the
permit application. One set of plans will need to be submitted to the Local
Fire District. All other buildings, which have not been permitted on the
property, including the moving of sheds, may require building permits
depending on size and use.
B. Buildings shall conform to the various codes adopted at the time of the
permit application. Current codes adopted by Weld County include: 2003
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International Building Code, 2003 International Mechanical Code, 2003
International Plumbing Code, 2003 International Fuel Gas Code, 2002
National Electrical Code, and Chapter 29 of the Weld County Code.
C. Fire resistance of walls and openings, construction requirements,maximum
building height, and allowable areas will be reviewed at the plan review.
Setback and offset distances shall be determined by the Weld County Code.
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 21st day of November, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
Et" WELD COUNTY, COLORADO
ATTEST:
jati4= illiam H. rke, Chair
Weld County Clerk to the
BY: . r "!t�' . . eile, ro-Tem
'
D:(+uty CI'k to the Boa cu ( csC,,
Davi Long
APP OV D AS TO F 'k..
Robert D. Masden
oun Attorney �,t.i,t�(,( /� _
Glenn Vaad
Date of signature: U iU5
2005-2941
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GLEN AND VIRGINIA VAN OEVEREN
USR #1519
1. A Site Specific Development Plan and Use by Special Review Permit#1519 is for a Home
Business (parking and maintenance of trucks and trailers) 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. There may be up to ten(10)trucks,eight(8)pneumatic trailers,four(4)flat bed trailers,and
one(1)box-trailer operated from this site. The trucks and trailers are allowed to be parked
outside in the designated parking area.
4. To ensure compatibility, and if an on-site sign(s) is desired, the signs shall adhere to
Sections 23-4-90.A and 23-4-90.B of the Weld County Code.
5. The number of employees shall be limited to eight(8) persons, as stated in the application
materials.
6. The hours of operation shall be limited to Monday through Saturday,5:00 a.m to 10:00 p.m.,
as stated in the application materials.
7. All routine maintenance, repairs and/or oil changes, shall be conducted inside the shop or
proposed building.
8. 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.
9. 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.
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. Any vehicle washing area(s)shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times.
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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.
15. Adequate hand washing and toilet facilities shall be provided for employees. The employees
shall be allowed to use the toilet facilities located in the residence.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
18. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
19. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations
20. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
21. Potential purchasers should be aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. The
Weld County Department of Public Health and Environment strongly encourages well users
to test their drinking water prior to consumption and periodically thereafter.
22. There shall be no staging or parking of trucks and trailers adjacent to the property on Weld
County Road 22 and the Weld County Road 47 Section Line. Utilize the on-site parking
areas.
23. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that itwill reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration, and/or unplanned ponding or storm run-off.
24. The applicant shall be responsible for any damage and repair adjacent to the access area
associated with the heavy hauling of the Use by Special Review.
25. Any future structures or uses on the site must obtain the appropriate zoning and building
permits.
26. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code,2003 International Fuel Gas Code,and 2002 National Electrical Code,and Chapter 29
of the Weld County Code.
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27. Building height shall be measured in accordance with the Building Code for the purpose of
determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of
the Weld County Code. Building height shall be measured in accordance with Chapter 23
of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection
from the building.
28. Building height,wall and opening protection,and limitations and separation of buildings of
mixed occupancy classifications shall be in accordance with the Building Code. Setback
and offset distances shall be determined by the Weld County Code.
29. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
30. The landscaping and screening on the site shall be maintained at all times.
31. 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.
32. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development, completion, recompletion, re-entry,production and
maintenance operations associated with existing or future operations located on these
lands.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
35. Personnel from the Weld County Government 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.
36. 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.
37. 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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