HomeMy WebLinkAbout20050883.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1485 FOR BUSINESS PERMITTED AS A USE BY RIGHT OR AN
ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT(OFFICE,STORAGE,AND
SHOWROOM FOR A CONCRETE BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT -ALICIA VASQUEZ, C/O RICK TORREZ
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 30th day of
March,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Alicia Vasquez, c/o Rick Torrez, 23037 Weld County Road 43, LaSalle, Colorado
80645, for a Site Specific Development Plan and Use by Special Review Permit #1485 for a
Business Permitted as a Use by Right or an Accessory Use in the Commercial Zone District(office,
storage,and showroom for a concrete business)in the A(Agricultural)Zone District on the following
described real estate, to-wit:
Lot A of Recorded Exemption#1970;being part of the
S1/2 SE1/4 of Section 4,Township 4 North,Range 65
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 23-2-230.6.1 --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
is in an area that can support such development. Such development shall
attempt to be compatible with the region." The application materials indicate
the site can support the proposed use, and the Conditions of Approval and
Development standards will ensure that the use will be compatible with the
region.
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SPECIAL REVIEW PERMIT#1485 - ALICIA VASQUEZ, C/O RICK TORREZ
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b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Currently, the property is in violation
(VI-0400028) for operating a concrete business without a Use by Special
Review Permit. Once the Use by Special Review Permit is recorded, the
violation will be closed. Section 23-3-40.R of the Weld County Code
provides for a use permitted as a Use by Right or Accessory Use in the
Commercial Zone District (office, storage and showroom for a concrete
business) 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. The surrounding properties to the
north, south, and east are primarily residential; the property to the west is
agricultural. No correspondence has been received from the surrounding
property owners regarding the proposed development. 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 lies within the three-mile referral area of the City of Evans, Garden
City, Town of LaSalle, and the City of Greeley. The City of Evans, Town of
Garden City, and the Town of LaSalle reviewed the request and found no
conflicts with their interests. The Department of Planning Services has not
received a referral response from the City of Greeley.
e. Section 23-2-230.6.5—The site does not lie within any Overlay Districts.
Building Permits issued on the lot will be required to adhere to the fee
structure of 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 lot is too small to be a viable farming operation in accordance with
Section 22-2-60.1 of the Weld County Code.
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.
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Alicia Vasquez, do Rick Torrez, for a Site Specific
Development Plan and Use by Special Review Permit#1485 for a Business Permitted as a Use by
Right or an Accessory Use in the Commercial Zone District(office, storage, and showroom for a
concrete business)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 pages of the plat shall be labeled USR-1485.
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 43 is designated on the Weld County Roadway
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 40 feet from the centerline of Weld County
Road 43 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld County Road 43. This road is maintained
by Weld County.
4) Weld County Road 48 is a Section Line which is not maintained by
Weld County.
5) If the applicant chooses to continue to use the section line access
where Weld County Road 48 would be, a Non-exclusive License
Agreement for the upgrade and maintenance of the county
right-of-way shall be required.
6) 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, of which one (1)
shall be a van accessible handicapped parking stall meeting all of the
requirements as set forth in the Americans with Disabilities Act
(ADA). Further, the applicant shall delineate curb stops for the
parking spaces shown on the plat.
7) The applicant shall address and adhere to the American with
Disabilities Act and ADA standards for this facility at all times. Non-
ambulatory/Ambulatory parking spaces shall be identified and shown
on the plat. This site will be required to meet all ADA requirements.
At least one space must be van accessible. The parking spaces
must be the closest possible to the entrance, and signing will be
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required. Curb cuts, ramps, and other methods of providing
accessibility shall be required to reasonably attempt to meet the
requirements of this Act. Should the applicant elect to not adhere to
the previously discussed Federal standards,this office requests that
the applicant outline how the proposed site design mitigates the
requirements of the American's with Disabilities Act.
8) Any approved signs, if applicable.
9) 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 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.
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,
"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) Section 23-3-250.A.9 of the Weld County Code address the issue of
outside storage. All employee parking shall be screened from
adjacent properties and public rights-of-way.
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 USR plat. The Improvements
Agreement will 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 contact the Weld County Department of Public Works to
determine if the proposed drainage is adequate. Evidence of approval by the
Department of Public Works shall be submitted to the Department of
Planning Services.
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F. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriffs Office, as stated in the referral response dated
August 19,2004. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
G. The applicant shall contact the Weld County Department of Building
Inspection to determine the appropriate building permits and/or inspection
needed for the change in use of the existing pole barn. Evidence of approval
by the Weld County Department of Building Inspection shall be submitted in
writing to the Weld County Department of Planning Services.
H. 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.
The Weld county Department of Public Health and Environment,
Environmental Health Services Division,was unable to locate a septic permit
for the septic system serving the restrooms in the shop/pole barn. The
septic system 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. 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 Department of Public Health and
Environment shall be submitted in writing to the Weld County Department of
Planning Services.
J. According to the applicant's authorized agent,the septic system serving the
home is failing. The applicant shall obtain a repair permit from the
Environmental Health Services Division and appropriately repair the system
as required. Evidence of the approval by the Department of Public Health
and Environment shall be submitted in writing to the Weld County
Department of Planning Services.
K. The applicant shall submit a Dust Abatement Plan for review and approval,
to the Weld County Department of Public Health and Environment,
Environmental Health Services Division. Evidence of the Department of
Public Health and Environment approval shall be submitted in writing to the
Weld County Department of Planning Services.
L. The applicant shall submit a Waste Handling Plan,for approval,to the Weld
County Department of Public Health and Environment,Environmental Health
Services Division. Evidence of the Department of Public Health and
Environment approval shall be submitted in writing to the Weld County
Department of Planning Services. The plan shall include,at a minimum,the
following:
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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).
M. 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. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued, 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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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
,��� WELD COUNTY, COLORADO
ATTEST: Mid�jy`� IE�,®� '4k-)l
�� illiam H. J- Vie, Chair
Weld County Clerk to the : lid _ ,;- �
ei, . J. ceile, Pro- em
Deputy Clerk to the Boar. .\� EXCUSED
Da 'd E. Long `
APP D AS T(Q-RORM:
/ - Rob D. asden
my Attorney
Glenn Vaad
Date of signature: 7?
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALICIA VASQUEZ, C/O RICK TORREZ
USR#1485
1. A Site Specific Development Plan and Use by Special Review Permit #1485 is for a
Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(office,storage,and showroom for a concrete business)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 for employees and patrons of
the facility.
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. The facility shall utilize the existing public water supply(Central Weld County Water District).
12. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
13. A plan review is required for each building for which a building permit is required.
14. 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.
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15. 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
Chapter23 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.
16. 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.
17. A plan review is required for each building for which a building permit is required. 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. Submit a Code Analysis Data Sheet
provided by the Weld County Department of Building Inspection with each building permit
application.
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 development 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. The number of trucks and equipment on the property shall be limited per the application
materials.
22. As indicated by the applicant, the hours of operation shall be limited to Monday through
Saturday, 7:00 a.m. to 4:00 p.m.
23. As indicated by the application, the number of employees for the concrete business shall
be limited to six (6).
24. 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.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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27. 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.
28. 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.
29. 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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