HomeMy WebLinkAbout20050183.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1470 FOR A USE PERMITTED AS A USE BY RIGHT OR AN ACCESSORY
USE IN THE INDUSTRIAL ZONE DISTRICT (STORAGE OF VEHICLES AND
EQUIPMENT, ALONG WITH EMPLOYEE PARKING ASSOCIATED WITH A
LANDSCAPING BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOSE
AND NATALIA MARTINEZ
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 9th day of
February,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Jose and Natalia Martinez, 15002 Singletree Drive, Mead, Colorado 80542,for a
Site Specific Development Plan and Use by Special Review Permit#1470 for a Use Permitted as
a Use by Right or an Accessory Use in the Industrial Zone District (storage of vehicles and
equipment, along with employee parking associated with a landscaping business) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the SW1/4 of Section 19, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicants were represented by Macon Cowles, Macon Cowles and
Associates, P.C., 1680 Wilson Court, Boulder, Colorado 80304, 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 applicants 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 applicants have
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 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#1470 - JOSE AND NATALIA MARTINEZ
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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.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses.
d. Section 23-2-230.B.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 applicants have 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 Jose and Natalia Martinez for a Site Specific Development
Plan and Use by Special Review Permit #1470 for a Use Permitted as a Use by Right or an
Accessory Use in the Industrial Zone District (storage of vehicles and equipment, along with
employee parking associated with a landscaping 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 sheets of the plat shall be labeled USR-1470.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved screening plan.
C. The Environmental Health Services Division was unable to locate a septic
permit for the septic system serving the existing home. The septic system
shall be reviewed by a Colorado registered 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 load. The
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SPECIAL REVIEW PERMIT#1470 - JOSE AND NATALIA MARTINEZ
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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.
D. The applicants shall address the requirements of the Department of Planning
Services,as stated in the landscape referral dated March 26,2004. Written
evidence of such shall be provided to the Department of Planning Services.
E. The applicants shall attempt to address the recommendations of the Weld
County Sheriffs Office,as stated in the referral dated April 22,2004. Written
evidence of such shall be provided to the Department of Planning Services.
F. The applicants shall submit two (2)paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
G. The applicants shall enter into a Private Improvements Agreement According
to Policy Regarding Collateral for Improvements and post adequate collateral
for all landscaping,transportation(access drive,parking areas,etcetera)and
non-transportation (plant materials, fencing, screening, water, signage
etcetera). 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. Or the applicants may submit evidence that
all the work has been completed and reviewed by the Departments of
Planning Services and Public Works.
2. Upon completion of Condition of Approval#1 above,the applicants 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 applicants 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(aco.weld.co.us.
4. 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#1470 - JOSE AND NATALIA MARTINEZ
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 9th day of February, A.D., 2005.
Ala. : BOARD OF COUNTY COMMISSIONERS
,I�` / •` / WELD COUNTY, COLORADO
4.0 William H. Je , Chair
C C. Clerk to the Board
liz•I -\/i
•( % ti V it 4 / M. e, ro- em
3/41 torste.:4 fit
Deputy Clerkto the Board
Da ' E Lon
APP D AS TO IIIf
Robert D. Masde�
D) d
w y Attor y
Glenn Vaad
of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOSE AND NATALIA MARTINEZ
USR #1470
1. The Site Specific Development Plan and Use by Special Review Permit#1470 is fora Use
Permitted as a Use by Right or an Accessory Use in the Industrial Zone District(storage of
vehicles and equipment, along with employee parking associated with a landscaping
business)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. The operation shall be limited to no more than one (1)six-ton truck, one(1)one-ton truck,
three (3) trailers to be pulled by the trucks and two (2) small loaders, as outlined in the
application materials.
4. Hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday through Saturday, as
outlined in the application materials.
5. All outdoor storage and parking shall be confined within the opaque privacy fence.Outdoor
storage shall not extend above the top of the privacy fence.
6. A maximum of four (4) employee vehicles shall be allowed at the site.
7. 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.
8. 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.
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. The facility shall operate in accordance with the approved Waste Handling Plan.
11. 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.
12. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S.
13. Adequate hand washing and toilet facilities shall be provided for the employees and patrons
of the facility.
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14. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
15. 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.
16. The facility shall utilize the existing public water supply (Long's Peak Water District).
17. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency.
18. A plan review is required for any additional 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.
19. 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.
20. 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.
21. Building height,setbacks,and offset distance shall be determined by Chapter 23 of the Weld
County Code. Separation of buildings of mixed occupancy classifications shall be in
accordance with Section R309.2 of the International Residential Code.
22. 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 27 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.
23. 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.
24. The historical flow patterns and run-off amounts will be maintained on 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.
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25. The existing access and off-street parking shall be surfaced with gravel,asphalt,concrete
or the equivalent and shall be graded to prevent drainage problems.
26. Both easements should have adequate gravel and should be graded and drained to provide
an all-weather access to the parcel.
27. There shall be no fueling operations conducted at the site unless previously approved by the
Fire District. If fuel operations are contemplated,plans for the installation of fuel tanks must
be submitted to the Fire District for review and approval prior to installation.
28. The shed/garage shall be used solely for the storage of equipment only.
29. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
32. 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.
33. The operation shall comply with all applicable rules and regulations from the Weld County
Code,Air Pollution Control Division,Water Quality Control Division,Colorado Department
of Labor and Employment, and the Environmental Protection Agency.
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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