HomeMy WebLinkAbout20050108 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1491 FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (FARM EQUIPMENT AND AUTO REPAIR AND UP TO SIX (6) TRUCKS
AND TRAILERS USED FOR STORAGE) IN THE A(AGRICULTURAL)ZONE DISTRICT
- TIMOTHY AND LORI EHRLICH
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 12th 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 Timothy and Lori Ehrlich,27861 Weld County Road 62.75, Gill, Colorado 80624,
for a Site Specific Development Plan and Use by Special Review Permit#1491 for a Use Permitted
as a Use by Right,an Accessory Use,ora Use by Special Review in Commercial or Industrial Zone
Districts (farm equipment and auto repair and up to six (6)trucks and trailers used for storage)in
the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption#3039;being part of the
N1/2 N1/2 of Section 34,Township 6 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicants were 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 applicants have
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect.
1) Section 22-2-150 B.5(I.Policy 2.5.b)states,"ensure the compatibility
with surrounding land use in terms of general use, building height,
scale, density, traffic, dust, and noise." The Conditions of Approval
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SPECIAL REVIEW PERMIT#1491 - TIMOTHY AND LORI EHRLICH
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and Development Standards ensure the site does not have an
adverse impact on the surrounding properties.
2) Section 22-2-60.D(A.Goal 4)states,"The conversion of agricultural
land to non-urban residential,commercial and industrial uses will be
accommodated when the subject site is in an area that can support
such development." The surrounding properties are agricultural in
nature with few homes in close proximity. The applicants are
proposing an on-site septic system,and the water will be provided by
an individual well. A violation was initiated as a result of farm
equipment and auto repair,along with trailers and trucks being used
as storage, on the site without the proper Zoning Permits. This
violation was presented to the Board of County Commissioners on
March 12, 2002. The Board of County Commissioners referred this
case to the Countyattorney's Office,but delayed legal action for 120
days (July 12, 2002). This case is currently active at the County
Attorney's Office, but has been placed on hold pending the
determination of this Use by Special Review application.
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 Business Permitted as a Use by Right or Accessory Use in
Commercial or Industrial Zone Districts (farm equipment and auto repair and
up to six(6)trucks and trailers used for storage)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. The surrounding area is primarily
agricultural in nature with few homes in close proximity. Proposed
landscaping and screening will mitigate the impact to the neighboring
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 is not within the three-mile referral area for a municipality.
e. Section 23-2-230.6.5--The application complies with Chapter23,Article 5,
of the Weld County Code. The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lot will
be required to adhere to the fee structure of the County-Wide Road Impact
Fee Program.
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
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SPECIAL REVIEW PERMIT #1491 - TIMOTHY AND LORI EHRLICH
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use. The U.S.D.A. Soils Maps indicate that the soils on this property are
designated as "irrigated" and "prime." The applicants have stated in the
application materials that a majority of the site is currently producing alfalfa
and will continue to be used for crop production. No prime farmland will be
removed from crop production as the shop and home are located on a
non-productive corner of 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 Timothy and Lori Ehrlich fora Site Specific Development
Plan and Use by Special Review Permit#1491 for a Use Permitted as a Use by Right,an Accessory
Use, or a Use by Special Review in Commercial or Industrial Zone Districts (farm equipment and
auto repair and up to six(6)trucks and trailers used for storage)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 applicants shall submit a Dust Abatement Plan to the Department of
Public Health and Environment, Environmental Health Services Division,for
review and approval. Evidence of approval shall be submitted in writing to
the Department of Planning Services.
B. The applicants shall provide evidence to the Department of Public Health and
Environment that any vehicle washing area will be designed and constructed
to capture all effluent and prevent any discharges in accordance with the
Rules and Regulations of the Water Quality Control Commission and the
Environmental Protection Agency. Evidence of approval shall be submitted
in writing to the Department of Planning Services.
C. The applicants shall submit evidence to the Department of Public Health and
Environment of an Aboveground Storage Tank permit from the Colorado
Department of Labor and Employment(CDL&E),Oil Inspection Section,for
any aboveground storage tanks located on the site. Alternately, the
applicants can provide evidence from the CDL&E, Oil Inspection Section,
that they are not subject to these requirements. Evidence of approval shall
be submitted in writing to the Department of Planning Services.
D. The applicants shall submit evidence to the Department of Public Health and
Environment of an Underground Injection Control(UIC)Class V Injection Well
Permit from the Environmental Protection Agency (EPA) for any vehicle
maintenance facility located on the site that is equipped with a floor drain.
Alternately,the applicants can provide evidence from the EPA that they are
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SPECIAL REVIEW PERMIT #1491 - TIMOTHY AND LORI EHRLICH
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not subject to the EPA Class V requirements. (New EPA rule effective
April 5, 2000). Evidence of approval shall be submitted in writing to the
Department of Planning Services.
E. The applicants shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of approval shall be submitted in
writing to the Department of Planning Services. 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).
F. The applicants shall address the requirements and concerns of the
Department of Building Inspection,as stated in the referral response dated
November 2, 2004. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
G. The West Greeley Soil Conservation District has provided information
regarding the soils on the site. The applicants shall review the information
and use it to positively manage on-site soils.
H. The applicants shall submit to the Department of Planning Services a
schematic Landscape and Screening Plan for review and approval. The plan
shall include the method of screening the outdoor storage of vehicles,
equipment or materials from adjacent properties. Because the landscape
treatment is established,staff will not require additional landscape treatment.
The applicants shall maintain compliance with Section 23-2-250.B.7 of the
Weld County Code at all times.
The applicants shall provide the Department of Planning Services with a
property maintenance plan. The maintenance plan shall be in compliance
with Section 23-2-250.B.7 of the Weld County Code.
J. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1491.
2) The attached Development Standards.
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3) The Use by Special Review plat shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
4) The location of the dumpster shall be delineated on the plat. Areas
used for trash collection shall be screened from public rights-of-way
and all adjacent properties. These areas shall be designed and used
in a manner that will prevent trash from being scatted by wind or
animals, as outlined in Section 23-3-250.A.6 of the Weld County
Code.
5) The applicants shall provide a Lighting Plan. Should exterior lighting
be a part of this facility, all light standards shall be delineated on the
plat and be in accordance with Section 23-3-250.B.6 of the Weld
County Code.
6) Weld County Roads 62.75 and 57 are designated on the Weld
County Road Classification Plan as local gravel roads, which
requires 60 feet of right-of-way at full build out. There is presently
60 feet of right-of-way. A total of 30 feet from the centerline of Weld
County Roads 62.75 and 57 shall be delineated as right-of-way on
the plat. This road is maintained by Weld County.
7) All approved accesses shall be clearly shown on the plat.
K. The applicants 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 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@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
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SPECIAL REVIEW PERMIT#1491 - TIMOTHY AND LORI EHRLICH
PAGE 6
disturbance is greater than or equal to one (1) 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.
5. Prior to operation:
A. A final inspection of the occupancy will be required by a member of the
Department of Building Inspection for compliance with the 2003 International
Building Code and the Weld County Code.
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 12th day of January, A.D., 2005.
was BOARD OF COUNTY COMMISSIONERS
I�� I . / �`� WELD COUNTY, COLORADO
�t 'J S .�� .r /��l/l/G x/474,,
��.i� �� y
(* iv se William H. Jerk hair
`� ` : C,�,u� Clerk to the Board
:-/-7_,--7,
% tit . .\-'1,14L, •
Deputy Clerk to the Boarder av\ s- ,
D id E. Long
AP D AS TO •
Robert D. asde// (�
o my Attor ey Ald14 I
Glenn Vaatl
Date of signature: ��
2005-0108
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIMOTHY AND LORI EHRLICH
USR #1491
1. The Site Specific Development Plan and Use by Special Review Permit#1491 is for a Use
Permitted as a Use by Right, an Accessory Use or a Use by Special Review in the
Commercial or Industrial Zone Districts (farm equipment and auto repair and up to six (6)
trucks and/or trailers used for storage) 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. No employees are allowed.
4. Hours of operation are from 7:00 a.m.to 7:00 p.m., Monday through Saturday,as stated in
the application materials.
5. There shall be no more than six (6) trucks and/or trailers used for storage on site.
6. The trucks, vans, and trailers on the site shall not be allowed to deteriorate, and shall be
parked in a consistently orderly manner.
7. 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.
8. The off-street parking spaces, including the access drive, shall be surfaced with gravel or
the equivalent, and shall be graded to prevent drainage.
9. Any future structures or uses on the site must obtain the appropriate Zoning and Building
Permits.
10. 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.
11. Building height shall be measured in accordance with the 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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DEVELOPMENT STANDARDS - TIMOTHY AND LORI EHRLICH (USR #1491)
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12. Building height,wall and opening protection and limitations, and separation of buildings of
mixed occupancy classifications shall be in accordance with the Building Code. Setback
and offset distances shall be determined by the Weld County Code.
13. The maximum amount of indoor and outdoor storage of nonflammable solids and
nonflammable and noncombustible liquids shall not exceed the amounts in Table 414.2.4
of the International Building Code.
14. 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.
15. 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.
16. 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.
17. The applicants shall operate in accordance with the approved Waste Handling Plan.
18. The applicants shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
19. The wash bay shall comply with all provisions of the Water Quality Control Commission,and
the Environmental Protection Agency.
20. 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.
21. 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.
22. Adequate hand washing and toilet facilities shall be provided for employees and customers
of the facility. The employees and customers shall be allowed to use the toilet facilities
located in the shop.
23. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
24. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
25. 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.
26. If applicable,the applicants shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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DEVELOPMENT STANDARDS - TIMOTHY AND LORI EHRLICH (USR #1491)
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27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. 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 Fee Program.
29. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
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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