HomeMy WebLinkAbout20053251.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1520 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(STORAGE UNITS) IN THE A(AGRICULTURAL) ZONE DISTRICT - MIKE JOHNSON
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 23rd 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 Mike Johnson,217 East County Road 66E, Fort Collins,Colorado 80542,fora Site
Specific Development Plan and Use by Special Review Permit#1520 fora Use Permitted as a Use
by Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts
(storage units)in the A(Agricultural)Zone District on the following described real estate,being more
particularly described as follows:
Lot A of Recorded Exemption#3886;being part of the
SE1/4 of Section 28, Township 9 North, Range 66
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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential,commercial,and industrial uses will be accommodated
when the subject site is in an area that can support such development. Such
development shall attempt to be compatible with the region." The Conditions
of Approval will ensure the site does not have an adverse impact on the
surrounding properties.
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SPECIAL REVIEW PERMIT#1520 - MIKE JOHNSON
PAGE 2
b. Section 23-2-230.6.2--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,an Accessory Use,ora Use
by Special Review in the Commercial or Industrial Zone Districts as a Use
by Special Review 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. U.S. Highway 85 and railroad
right-of-way lie to the west of the site, and homes lie to the east, south, and
north. The homes to the east and south are within close proximity.
Conditions of Approval have been included to ensure the site does not have
an adverse impact on the surrounding 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 site lies
adjacent to the Town of Nunn on the west and south. In a referral dated
July 7,2005,the Town stated its objection to the proposal and requested the
site be annexed. Conditions of Approval ask that the applicant attempt to
address the concerns of the Town.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
Effective January 1,2003,building permits issued on the lot 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 site is designated "High potential dry cropland - Prime if they
become irrigated"by the United States Department of Agriculture(U.S.D.A.)
)
Soil Conservation Services. No irrigation water is available for the site.
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 Mike Johnson for a Site Specific Development Plan and
Use by Special Review Permit#1520 fora Use Permitted as a Use by Right,Accessory Use,or Use
by Special Review in the Commercial or Industrial Zone Districts (storage units) in the
A (Agricultural) Zone District on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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SPECIAL REVIEW PERMIT#1520 - MIKE JOHNSON
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1. Prior to recording the plat:
A. The applicant shall submit evidence to the Department of Planning Services
that they have attempted to address the concerns of the Town of Nunn, as
stated in the referral response dated July 7, 2005.
B. The plat shall be done at a commonly recognized scale such as 1"=30'.
C. The site will be required to meet all requirements of the Americans Disability
Act(ADA). ADA parking spaces are twenty(20)feet by eight(8)feet with five
(5)foot aisles. A minimum of one space must be van accessible, with an
eight (8) foot aisle.
D. 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 Planning Services.
E. The applicant shall submit evidence from the Weld County Department of
Public Works indicating that they have addressed the following to staffs'
satisfaction:
1) Weld County Road 29.5 is classified by the County as a local gravel
road, which requires 60 feet of right-of-way at full build out. The
applicant shall verify the existing right-of-way and the documents
creating the right-of-way. If the right-of-way can not be verified, it
shall be dedicated.
2) The applicant is identifying one main access to the proposed Use by
Special Review Permit and home site from Weld County Road 100,
a distance of approximately 260 feet from the intersection with Weld
County Road 29.5. The entrance shall have an adequate turning
radius to accommodate commercial-type access in accordance with
Appendix 8-8, Road Access Sketch No. 1, located in the Weld
County Code under Chapter 8, Public Works.
3) The applicant shall utilize the American Association of State
Highways and Transportation Officials(AASHTO)Manual that refers
to a policy on Geometric Design of Highways and Streets,Exhibit 2-4
Minimum Turning Patterns for Single Unit Truck Design Vehicles
(moving trucks)single axle. There needs to be a minimum of 42 feet
measured from the center of each end building for adequate turning
radii within the fenced area to accommodate moving trucks to
negotiate all four corners. The applicant shall show the dimensions
on the plat drawing, a minimum of 42 feet, to accomplish that item.
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SPECIAL REVIEW PERMIT#1520 - MIKE JOHNSON
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4) Prior to entering the unit storage building,the applicant is identifying
a gated area. There needs to be adequate turning radii in both
directions to accommodate moving trucks.
5) The historical flow patterns and run-off amounts will be maintained
on the site in such a manner that it will 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 of storm run-off. The
applicant must take into consideration stormwater capture/quantity
and provide accordingly for best management practices.
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1520.
2) The attached Development Standards.
3) The plat shall delineate the existing right-of-way and the documents
which created it.
4) The approved Landscape/Screening Plan.
5) The applicant has not indicated any trash areas. The plat shall be
amended to include a screened trash area in accordance with
Section 23-3-250.A.6 of the Weld County Code.
G. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, drainage
requirements,and parking lot requirements,or enter into an Improvements
Agreement According to Policy Regarding Collateral for Improvements and
post adequate collateral forall required 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 Use by Special Review plat.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to operation:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/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 atwww.cdphe.state.co.us/wq
/PermitsUnit if they are required to obtain a Stormwater Discharge Permit,
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or the applicant can provide evidence from WQCD that they are not subject
to these requirements. Evidence that this condition has been met to the
satisfaction of the Weld County Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
3. Prior to Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed single
family residence/office and shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer,according to the Weld County I.S.D.S. Regulations.
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. In accordance with Weld County Code Ordinance 2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
6. 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.
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.
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SPECIAL REVIEW PERMIT#1520 - MIKE JOHNSON
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 23rd day of November, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
EL®� WELD COUNTY,f COLORADO,
ATTEST: ausill
1161 I `�illiam H. -rke, Chair
Weld County Clerk to the '� ar
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D:.uty Cle to the Board • _
Dye . Long 1? ,
APP A
Robe D. Masden�
u y Attorney .1 .A
Glenn Vaad
Date of signature: 124 `1/06
2005-3251
PL1800
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MIKE JOHNSON
USR#1520
1. The Site Specific Development Plan and Use by Special Review Permit#1520 is for a Use
Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial
or Industrial Zone Districts(storage units)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. As indicated in the application materials, the hours of operation shall be from 7:00 a.m. to
6:00 p.m., seven (7) days a week.
4. As indicated in application materials, no outdoor storage related to the business shall be
allowed.
5. The applicant shall apply dust control chemical(Magnesium Chloride or Calcium Chloride)
on the Weld County Road 100 haul route between the railroad and the main entrance, no
less than twice a year or as needed, as directed by the Department of Public Works.
6. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
7. 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.
8. 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.
9. 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.
10. 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.
11. Adequate toilet and hand washing facilities shall be provided for employees and patrons.
The employees and patrons shall be allowed to use the toilet facilities located in the
residence/office.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
13. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
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14. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
15. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
17. Effective January 1,2003,building permits issued on the lot will be required to adhere to the
fee structure of the County-Wide Road Impact Program.
18. The off-street parking, including the access drive, shall be surfaced with gravel, asphalt,
concrete, or the equivalent, and shall be graded to prevent drainage problems.
19. Each parking space next to the office shall be equipped with wheel guards or curb blocks,
when necessary,to prevent vehicles from extending beyond the boundary of the space and
from coming into contact with other vehicles, walls, fences or plantings.
20. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that it will 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 of storm run-off.
21. A separate building permit shall be obtained prior to the construction of any building.
22. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Commercial building 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. Residential building plans may be required to bear the wet stamp of a
Colorado registered architect or engineer.
23. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently,the following Codes have been adopted by Weld County:2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code,2003 International Fuel Gas Code,2002 National Electrical Code,and Chapter29 of
the Weld County Code.
24. Each building 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 by a Colorado registered engineer.
25. The storage units will probably be classified as S-1,storage of moderate hazard materials.
The dwelling will be classified as a mixed use(R-3),single family dwelling with a(B)office.
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26. 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 Chapter 23 of the Weld County Code.
27. 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. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
31. 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.
32. 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.
33. 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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