HomeMy WebLinkAbout20051812.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1506 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL AND INDUSTRIAL ZONE
DISTRICTS (WELDING FABRICATION SHOP) IN THE A (AGRICULTURAL) ZONE
DISTRICT - DANIEL DAVIS, C/O LARRY AND KATHY RITTEL
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 13th day of
July, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Daniel Davis,43901 Weld County Road 77,Briggsdale,Colorado 80611,c/o Larry and
Kathy Rittel, 1015 37th Avenue Court #101, Greeley, Colorado 80634, for a Site Specific
Development Plan and Use by Special Review Permit#1506 fora Use Permitted as a Use by Right,
Accessory Use,or Use by Special Review in the Commercial and Industrial Zone Districts(welding
fabrication shop)in the A(Agricultural)Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption#3613;being part of the
N1/2 N W 1/4 of Section 28,Township 8 North, Range
62 West of the 6th P.M., Weld County, Colorado
WHEREAS, at the request of the applicant the Board deemed it advisable to continue the
matter to August 3, 2005, at 10:00 a.m., when a full quorum of the Board will be present, and
WHEREAS,on August 3,2005,the applicant was represented by Dennis Egge, CR Design
Service, P.O. Box 301, Galeton, Colorado 80622, 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 23-2-230.6.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60
(A.Goal 4)states, "Conversion of agricultural land to nonurban residential,
commercial,and industrial uses will be accommodated when the subject site
2005-1812
PL1781
"a? 75/«r - Arz, /ea o8=dq—C
SPECIAL REVIEW PERMIT#1506 - DANIEL DAVIS, C/O LARRY AND KATHY RITTEL
PAGE 2
is in an area that can support such development. Such development shall
attempt to be compatible with the region." The application materials indicate
that the site can support the proposed use. The Conditions of Approval and
Development Standards ensure that a reasonable attempt will be made to
be compatible with the region.
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 fora business permitted as a Use by RightorAccessory Use in the
Commercial Zone District in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property to the
north is agricultural, with a small commercial component; to the east is the
Briggsdale Grain Elevator and Weld County Shop;and to the south and west
are agricultural lands. The Conditions of Approval and Development
Standards will ensure compatibility with adjacent properties.
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. The subject
property does not lie within the three-mile referral area for any municipality.
e. Section 23-2-230.6.5—The application complies with Chapter 23,Article V,
of the Weld County Code. The existing site is not within a recognized
overlay district, including the Geologic Hazard, Flood Hazard, or Airport
Overlay District. The existing site is within the County-Wide Road Impact
Fee Area. 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.
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. The size of the parcel, accompanied with existing residential
improvements, does not make it conducive to agricultural practices in
accordance with Section 22-2-60.1 of the Weld County Code.
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.
2005-1812
PL1781
SPECIAL REVIEW PERMIT#1506 - DANIEL DAVIS, CIO LARRY AND KATHY RITTEL
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Daniel Davis,do Larry and Kathy Rittel,fora Site Specific
Development Plan and Use by Special Review Permit#1506 fora Use Permitted as a Use by Right,
Accessory Use,or Use by Special Review in the Commercial and Industrial Zone Districts(welding
fabrication shop)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. All sheets of the plat shall be labeled USR-1506.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
3) Weld County Road 392 between State Highway 14 and State
Highway 37 is designated on the Weld County Roadway
Classification Plan as an Arterial status road,which requires 140 feet
of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 70 feet from the centerline of Weld County
Road 392 shall be delineated on the plat as right-of-way reservation
for future expansion of Weld County Road 392.
4) This facility shall adhere to the number of on-site parking spaces in
Appendix 23-B of the Weld County Code. The total number of on-site
parking for this facility shall be seven (7) spaces. Further, the
applicant shall delineate curb stops for the parking spaces shown on
the Use by Special Review plat.
5) Any approved signs, if applicable.
6) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
C. The applicant shall submit a Landscape/Screening Plan for review and
approval. The plan shall address the following:
1) Section 23-3-350.H 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 from being scattered by wind and animals.
2) Section 23-3-360.F of the Weld County Code addresses the issue of
on-site lighting, including security lighting, if applicable, and states,
2005-1812
PL1781
SPECIAL REVIEW PERMIT #1506 - DANIEL DAVIS, CIO LARRY AND KATHY RITTEL
PAGE 4
"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...."
3) Any outside storage of vehicles or equipment shall be screened from
surrounding property owners and adjacent rights-of-way.
4) The applicant shall demonstrate how the proposed and existing plant
material will be irrigated.
D. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required improvements. The agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the Use by Special Review plat. The
Improvements Agreementwill not be needed if the necessary improvements
are done to the satisfaction of the Departments of Public Works and
Planning Services.
E. The applicant shall submit a Dust Abatement Plan for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall
be submitted to the Department of Planing Services.
F. 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 Department of Planing
Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on the 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
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
G. The applicant shall provide graphic evidence that the on-site circulation
associated with this application is within the Use by Special Review Permit
boundary,specific to the internal circulation to the west of the existing metal
skinned structures.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2005-1812
PL1781
SPECIAL REVIEW PERMIT#1506 - DANIEL DAVIS, C/O LARRY AND KATHY RITTEL
PAGE 5
2. Prior to issuance of building permits:
A. A building permit shall be obtained prior to the construction of any new
building and change of use of the existing building.
B. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan. Plans shall bear the wet stamp of
a Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. Include a Code Analysis Data sheet,
provided by the Weld County Building Department. New construction will
require an engineered foundation based on a site-specific geotechnical report
or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed bya Colorado registered engineer.
C. 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 Intemational Fuel
Gas Code, and the 2002 National Electrical Code, and Chapter 29 of the
Weld County Code.
D. The building will probably be classified as a F-2(Metal fabrication)use. 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.
E. Building height shall be measured in accordance with the 2003 International
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.
3. Prior to Operation:
A. The applicant shall provide written evidence from the Water Quality Control
Division (WQCD) that they are not required to obtain a Stormwater
Discharge Permit for a construction site where a contiguous or
non-contiguous land disturbance is greater than or equal to one(1)acre in
area. The applicant shall inquire with the Water Quality Control Division
(WQCD)of the Colorado Department of Public Health and Environment at
www . cdphe . state . co . us / wq / PermitsUnit
<http://www.cdphe.state.co.us/wq/PermitsUnit>if they are required to obtain
a Stormwater Discharge Permit. Written evidence of compliance shall be
submitted to the Department of Planning Services.
2005-1812
PL1781
SPECIAL REVIEW PERMIT#1506 - DANIEL DAVIS, C/O LARRY AND KATHY RITTEL
PAGE 6
4. 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.
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
maos(@co.weld.co.us.
6. 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 3rd day of August, A.D., 2005.
LeaBOARD OF COUNTY COMMISSIONERS
��G-" ( WELD COUNTY, COLORADO
• y /�1861 till
a,j1.=
el,,�;., William erke, Chair
I opnty Clerk to the Board
(� y
M. eile, ro-Tem
``-BY:
eputy Clerk to the Board c
Davi E. Long
APP AS TO F9 ,
Robert Mas�
ounty orney
Glenn Vaatt
Date of signature: 00?-5-
2005-1812
PL1781
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DANIEL DAVIS, C/O LARRY AND KATHY RITTEL
USR#1506
1. A Site Specific Development Plan and Use by Special Review Permit#1506 is for a Use
Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial
and Industrial Zone Districts(welding fabrication shop)in the A(Agricultural)Zone District.
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,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. 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.
8. 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.
9. Adequate hand washing and toilet facilities shall be provided.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
12. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. The operation shall complywith all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
14. A plan review is required for each building for which a building permit is required.
15. 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, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
2005-1812
PL1781
DEVELOPMENT STANDARDS-DANIEL DAVIS,C/O LARRY AND KATHY RITTEL(USR#1506)
PAGE 2
16. Building height shall be measured in accordance with the 2003 International 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.
17. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and not prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off.
18. The off-street parking spaces, including the access drive, shall be surfaced with gravel or
the equivalent, and shall be graded to prevent drainage problems.
19. 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.
20. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
21. As indicated by the application material the hours of operation will be limited to 7:00 a.m.to
7:00 p.m., Monday through Saturday.
22. Storage of all equipment shall be located inside the proposed building.
23. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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. Weld County Government personnel 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.
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.
2005-1812
PL1781
DEVELOPMENT STANDARDS-DANIEL DAVIS,C/O LARRY AND KATHY RITTEL(USR#1506)
PAGE 3
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.
2005-1812
PL1781
Hello