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Home My WebLink About20050223.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1494 FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICTS (MACHINE AND WELDING SHOP)IN THE A(AGRICULTURAL)ZONE DISTRICT-ANTHONY AND DIANE GODDARD 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 19th day of January, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Anthony and Diane Goddard, P.O. Box 67, Brighton,Colorado 80601-0067,for a Site Specific Development Plan and Use by Special Review Permit#1494 for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Industrial Zone Districts (machine and welding shop) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot A of Recorded Exemption#2862; being part of the E1/2 SW1/4 of Section 33,Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Lauren Light, LANDPROfessionals, LLC, 4311 Highway 66, Suite 4, Longmont, Colorado 80504, 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." The Conditions of Approval and Development Standards will ensure that the proposed use will be compatible with the region. 2005-0223 PL1758 co ., Pt, IW, mac) j&eP / - oa-0a-©" SPECIAL REVIEW PERMIT#1494 - ANTHONY AND DIANE GODDARD 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 any use permitted as a Use by Right,Accessory Use,or Use by Special Review in the 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. There is a single family residence located to the south of the site,cropland to the east and north of the site,and a draw and cropland are located to the west of the site. The Jacobucci Subdivision is located approximately 1/2 mile west of the site. The site is well screened from Weld County Road 2 by an existing group of trees. 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 is not located within an Urban Growth Boundary or Intergovernmental Agreement(IGA)boundary of surrounding towns or cities. The site is located within the three-mile referral area for the cities of Dacono and Northglenn and the counties of Adams and Broomfield. The City of Dacono and Adams County, in their respective referrals received November 22, 2004, and November 9,2004,indicated no conflicts with their interests. No comments have been received from Northglenn or Broomfield. 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 site is located on land that is designated as "Other" per the 1979 U.S.D.A. Prime Farmlands Map of Weld County. 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. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Anthony and Diane Goddard for a Site Specific Development Plan and Use by Special Review Permit#1494 for a Use Permitted as a Use by Right, an Accessory Use,or a Use by Special Review in the Industrial Zone Districts(machine and welding shop)in the A(Agricultural)Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 2005-0223 PL1758 SPECIAL REVIEW PERMIT#1494 -ANTHONY AND DIANE GODDARD PAGE 3 1. Prior to recording the plat: A. All plat sheets shall be labeled USR-1494. B. 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 plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on 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 site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Evidence of Health Department approval shall be submitted to the Department of Planning Services. C. The applicant shall attempt to address the requirements of the Greater Brighton Fire District as outlined in its referral dated November 10, 2004. Evidence of such shall be submitted in writing to the Department of Planning Services. D. The septic system serving the house and shop 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 (existing use and estimated six full-time employees). 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. Written evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. E. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) Weld County Road 2 is designated on the Weld County Road 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 2 shall be designated as right-of-way reservation for future expansion of Weld County Road 2. 2005-0223 PL1758 SPECIAL REVIEW PERMIT#1494 - ANTHONY AND DIANE GODDARD PAGE 4 3) The location of the business sign (if proposed). F. 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 Release of Building Permits: A. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or noncontiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. B. A plan review is required for each building for which a Building Permit is required. Plans shall include a floor plan and bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Provide a Code Analysis Data sheet provided by the Weld County Department of Building Inspection with each Building Permit application. 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 International Fuel Gas Code; and the 2002 National Electrical Code, and Chapter 29 of the Weld County Code. D. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height of 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 2005-0223 PL1758 SPECIAL REVIEW PERMIT #1494 -ANTHONY AND DIANE GODDARD PAGE 5 the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are to the farthest projection from the building. 5. Prior to Certificate of Occupancy: A. A Building Permit shall be obtained prior to the construction of any new building and change of use of any existing building. B. A plan review is required for each building for which a Building Permit is required. Plans shall include a floor plan and bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Provide a Code Analysis Data sheet provided by the Weld County Department of Building Inspection with each Building Permit application. 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 19th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS ELa WELD COUNTY, COLORADO ISM {5',ft William H. J ke, Chair Id `u y Clerk to the Board °Ir°B )%,E11 y M. eile Pro-Tem eputy Clerk to the Board D vid E. Long AP O DAST E. Robert D. Masu�d//enq ount Att ey %.1Ai/ (/AAA Glenn Vaad Date of signature: o 2005-0223 PL1758 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ANTHONY AND DIANE GODDARD USR #1494 1. The Site Specific Development Plan and Use by Special Review Permit#1494 is for a Use Permitted as a Use by Right,an Accessory Use or a Use by Special Review in the Industrial Zone Districts(machine and welding shop)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. 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. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, 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. 8. 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. 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 (Mountain View Water Users). 12. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere to the fee structure of the County-Wide Road Impact Program. 13. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 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. 2005-0223 PL1758 DEVELOPMENT STANDARDS - ANTHONY AND DIANE GODDARD (USR#1494) PAGE 2 15. All equipment and materials associated with the machine and welding shop shall be stored within an enclosed building(s)/containers as stated in the application materials. 16. Hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday through Saturday, as outlined in the application materials. 17. The operation shall be limited to six (6) outside employees, as stated in the application materials. 18. A Building Permit shall be obtained prior to the construction of any new building and change of use of the existing building. 19. A plan review is required for each building for which a Building Permit is required. Plans shall include a floor plan and bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Provide a Code Analysis Data Sheet provided by the Weld County Department of Building Inspection with each Building Permit application. 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 shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height of 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 to the farthest projection from the building. 22. The maximum amount of indoor and outdoor storage of nonflammable soils and nonflammable and non combustible liquids shall not exceed the amounts in Table 414.2.4 of the International Building Code. The building,including the bathroom,shall be accessible to persons with disabilities. 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 the Weld County Code. 23. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and 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. 2005-0223 PL1758 DEVELOPMENT STANDARDS -ANTHONY AND DIANE GODDARD (USR #1494) PAGE 3 25. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 26. 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. 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. 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. 2005-0223 PL1758 Hello