HomeMy WebLinkAbout20053318.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1497 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR AN
ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE
MATERIALS YARD) IN THE A (AGRICULTURAL) ZONE DISTRICT - CLEMENT
MCNANEY III
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 7th day of
December,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Clement McNaney III,P.O.Box 248,Windsor,Colorado 80550,fora Site Specific
Development Plan and Use by Special Review Permit#1497 fora Business Permitted as a Use by
Right or an Accessory Use in the Commercial Zone District (landscape materials yard) in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption#261; being part of the
SE1/4 of Section 15, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by John Vasquez,JCB Engineering, LLC,400
Main Street, Suite A, Windsor, Colorado 80550, 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 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." Application
materials indicate that the site can support the proposed use.The Conditions
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SPECIAL REVIEW PERMIT#1497 - CLEMENT MCNANEY III
PAGE 2
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 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. Single family homes surround the
site to the north and to the west. The Town of Windsor has a Planned Unit
Development, Eastbrook, planned for the property east of the site.
Agricultural uses are located to the south of the site. The Conditions of
Approval and Development Standards ensure that the storage and parking
areas will be adequately screened from the 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 site lies
within the three-mile referral area for the Towns of Windsor and Severance
and the City of Greeley. The Town of Windsor, in its referrals received
January 14, 2005,and May 20, 2005, indicated that since the property has
approximately a fifty-percent contiguity with the Town of Windsor municipal
boundary, the site should be annexed into the Town prior to development,
and the County should recommend denial. The Town of Windsor also stated
the applicant has provided the Town with a letter of intent,stating it will work
with the developer of the Eastbrook Subdivision to the east to provide a single
point of access for both properties.
The Town of Windsor has also conducted a study of the Law Ditch
Floodway, and has determined that the site in almost entirely within the
floodway,and the Town of Windsor's Engineering Department recommends
that no new improvements be placed within the floodway area. The property
is not located within the floodplain or floodway as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 0605
D, dated September 27, 1991, which the Board of County Commissioners
has accepted. The Town of Windsor has submitted a Conditional Letter of
Map Revision to the Federal Emergency Management Agency for
acceptance. The referral also stated the property is not being site-planned
in the spirit of the Windsor-Severance Intergovernmental Agreement(IGA)
Cooperative Planning Area and Development Plan,which would result in the
respective 'gateways' into both Windsor and Severance being severely
compromised because of the design criteria and Development Standards not
being incorporated into the design of the site. The City of Greeley, in its
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referral dated December 30, 2004, has recommended conditions that it
wishes to see implemented should the proposal be approved. The City of
Greeley,in its referral dated April 26,2005,stated it has reviewed the request
and find no conflicts with itsr interests. Some of the City of Greeley's
recommendations from the April 26,2005, referral have been incorporated
into the Development Standards and Conditions of Approval. No comments
were received from the Town of Severance.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The small size of the lot limits its agricultural value.
g. Section 23-2-230.B.7--Both the Design Standards, Section 23-2-240,and
the Operation Standards,Section 23-2-250,of the Weld County Code,and
the 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 Clement McNaney III,for a Site Specific Development Plan
and Use by Special Review Permit #1497 for a Business Permitted as a Use by Right or an
Accessory Use in the Commercial Zone District(landscape 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 provide the Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent
taxes exist for the original parcel.
B. The applicant shall provide the Department of Planning Services with a copy
of a recorded deed for the property.
C. The West Greeley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils.
D. The applicant shall provide the Department of Planning Services with
evidence of a commercial water tap on the property.
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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. The applicant shall submit
written evidence to the Department of Planning Services that they have met
the Department of Public Health and Environment requirements.
F. The septic system serving the existing residence 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. The applicant shall submit written
evidence to the Department of Planning Services that they have met the
Department of Public Health and Environment requirements.
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. The applicant shall submit written evidence
to the Department of Planning Services that they have met the Department
of Public Health and Environment requirements. 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).
H. The applicant shall address the conditions and concerns of the Weld County
Department of Building Inspection,as indicated in a referral response dated
December 17, 2004. Written evidence of such shall be submitted to the
Department of Planning Services.
The applicant shall attempt to address the requirements and concerns of the
City of Greeley,as stated in the referral response dated December 30,2004.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
J. The applicant shall attempt to address the requirements and concems of the
Windsor-Severance Fire Protection District, as stated in the referral
responses dated January5,2005,and April 26,2005. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
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K. The applicant shall attempt to address the requirements and concerns of the
Town of Windsor, as stated in the referral responses dated January 20,
2005, and May 20, 2005. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
L. The applicant shall complete all proposed improvements including those
regarding landscaping,screening, access improvementss, and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements,and post adequate collateral for all
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.
M. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1497.
2) The attached Development Standards.
3) The parking area shall be delineated on the plat with a minimum of
eighteen(18)parking spaces,one of which should meet the intent of
the American's with Disabilities Act.
4) State Highway 392 requires 200 feet of right-of-way at full build out.
A total of 100 feet from the centerline of State Highway 392 shall be
delineated as right-of-way reservation for future expansion of State
Highway 392.
5) A future connection to the Eastbrook site shall be delineated on the
plat. The direct access to State Highway 392 may someday be
removed or restricted.
6) The access road should be at least 24 feet in width to accommodate
two-way traffic with adequate turning radiuses onto State
Highway 392.
7) The off-street parking/loading areas,including the access drive,shall
be surfaced with gravel, asphalt, concrete or the equivalent, and it
shall be graded to prevent drainage problems. Each parking space
should be equipped with wheel guards where needed, to prevent
vehicles from extending beyond the boundaries of this space and
from coming into contact with other vehicles, walls, fences,
sidewalks, or plantings.
8) All future rights-of-way and common easements shall be identified
and be placed on the plat.
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9) The modular building on the site shall be labeled correctly(office use
with public restroom).
10) If exterior lighting is to be a partof this facility,all light standards shall
be delineated in accordance with Section 23-3-250.B.6 of the Weld
County Code.
11) The approved Landscape and Screening Plan.
N. 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 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.
4. Prior to the issuance of Building Permits:
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 acre in area. The applicant shall
contact the Water Quality Control Division of the Colorado Department of
Public Health and Environment atwww.cdphe.state.co.us/wq/PermitsUnit for
more information. The applicant shall submit written evidence to the
Department of Planning Services that they have met the Department of
Public Health and Environment requirements.
5. Prior to Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the proposed modular
office,and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
be designed by a Colorado registered professional engineer according to the
Weld County I.S.D.S. Regulations. The applicant shall submit written
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evidence to the Department of Building Inspection that they have met the
Department of Public Health and Environment requirements.
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 7th day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
. / ' ELD COUNTY, COLORADO
ATTEST: ----) V AYE
� � i liam H. J�,�e, Chair
Weld County Clerk to the B., :. tZge
/ ( �iE.: (NAY)
BY: ib l /011 F
1�., M. J. e e e, Pro-Tem
D uty CI k to the Bo: AYE
id . Lon
APP V AST AYE
Robert D. sde
n Attorney EUI/ ,i-,604 (NAY)
Glenn Vaad
Date of signature: 'lin/DS
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CLEMENT MCNANEY III
USR#1497
1. The Site Specific Development Plan and Use by Special Review Permit #1497 is for a
Business Permitted as a Use by Right or an 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. Material piles shall not exceed the height of the opaque screening.
4. The hours of operation are 8:00 a.m. to 5:00 p.m., from Labor Day to Memorial Day, and
7:00 a.m. to 7:00 p.m., from Memorial Day to Labor Day.
5. There shall be no more than six(6)employees on the site, as indicated in the application
materials.
6. The direct access to State Highway 392 may someday be removed or restricted.
7. In the event any governmental authority exercises its right to expand State Highway 392 into
the rights-of-way noted on this plat,and such expansion requires the demolition,destruction,
alteration,or taking of any improvements existing on the subject property as of the date this
plat is recorded,the owner of the subject property shall be entitled to just compensation as
determined in an eminent domain proceeding for such propertyand its improvements. This
requirement shall be binding upon the parties, regardless of the legal effect of whether the
subject rights-of-way are reserved or dedicated.
8. The applicant shall pave the entrance 50 feet north from the edge of State Highway 392.
9. 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 increase, diversions,
concentration and/or unplanned ponding of storm run-off.
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 forfinal 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,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
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13. The applicant shall operate in accordance with the approved Waste Handling Plan.
14. 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.
15. 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.
16. Adequate hand washing and toilet facilities shall be provided foremployees and patrons of
the site.
17. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
18. The facility shall utilize the existing public water supply(North Weld County Water District).
19. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
20. All pesticides, fertilizer, and other 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.
21. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
22. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
23. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Two complete sets of plans are required when applying for each permit.
24. 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 the 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
25. 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.
26. 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.
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27. 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.
28. The landscaping on the site shall be maintained in accordance with the approved
Screening/Landscape Plan.
29. On-site lighting, including security lighting if applicable, shall maintain compliance with
Section 23-3-250.6.6 of the Weld County Code.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
33. 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.
34. 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.
35. 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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