HomeMy WebLinkAbout20053442.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1526 FOR A USE PERMITTED ASA USE BY RIGHT,ACCESSORYUSE,OR
USE BY SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICT (STORAGE OF
LANDSCAPINGMATERIALSAND EQUIPMENT,ALONG WITH EMPLOYEE PARKING
ASSOCIATEDWITH A LANDSCAPINGBUSINESS)IN THE A(AGRICULTURAL)ZONE
DISTRICT - RICHARD AND TAMMI FISHER
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 14th 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 Richard and Tammi Fisher, 1942 27th Avenue,Greeley,Colorado 80634,for a Site
Specific Development Plan and Use by Special Review Permit#1526 for a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Industrial Zone District (storage of
landscaping materials and equipment,along with employee parking associated with a landscaping
business) in the A(Agricultural) Zone District on the following described real estate, being more
particularly described as follows:
Lot B of Recorded Exemption#3779;being part of the
SE1/4 of Section 16, Township 6 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was 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 23-2-230.6 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.
Section 22-2-60.D(A.Goal 4)of the Weld County Code 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
2005-3442
((i ' PLC /26c; //tr?Q)/-45362___ PL1807
(/—/3- 7&
SPECIAL REVIEW PERMIT#1526 - RICHARD AND TAMMI FISHER
PAGE 2
the region. This goal is intended to address the conversion of agricultural
land to non-agricultural uses." The proposed business will use an existing
building, no additional building improvements are proposed.
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 Uses by Right,Accessory Uses and Uses by Special Review in
the Industrial 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. The building is setback over
one-fourth of a mile from State Highway 392. It has a separate access onto
State Highway 392 through a 30-foot access and utility easement granted
through a Subdivision Exemption. The nearest residence is approximately
one-fourth of a mile to the north of the proposed business. The Conditions
of Approval and Development Standards will ensure this application is
compatible with the existing surrounding land uses.
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 existing Urban Growth Boundary or Intergovernmental
Agreement boundary. The proposed subdivision is located within the
three-mile referral boundary for the Town of Eaton and the City of Greeley.
The City of Greeley,in its referral response dated August 3,2005, indicated
no conflicts with its interests and recommended a referral be sent to the
Greeley-Weld County Airport Authority. A referral has been sent to the
Greeley-Weld County Airport Authority. The Town of Eaton, in its referral
response dated July 29, 2005, indicated no conflicts with its interests.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. Effective January 1,2003,building permits issued
on the site will be required to adhere to the fee structure of the County-Wide
Road Impact Program. Effective June 1, 2005, buildings permits issued on
the site will be required to adhere to the fee structure of the Capital
Expansion Fee. A portion of the site will be located within the 100-year
floodplain. Future development in the floodplain will require a Flood Hazard
Development Permit.
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 application is located on land designated as"prime" according to
the United States Department of Agriculture (USDA) prime farmlands of
2005-3442
PL1807
SPECIAL REVIEW PERMIT#1526 - RICHARD AND TAMMI FISHER
PAGE 3
Weld County Map. The building and site already exist,therefore,very little,
if any, prime farmground will be taken out of production upon development
of this site.
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 Richard and Tammi Fisher fora Site Specific Development
Plan and Use by Special Review Permit#1526 for a Use Permitted as a Use by Right,Accessory
Use,or Use by Special Review in the Industrial Zone District(storage of landscaping materials 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 pages of the plat shall be labeled USR-1526.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved screening plan.
C. 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. Written evidence of such
shall be submitted to the Department of Planning Services.
D. The applicant shall submit evidence 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 applicant can provide evidence from the (CDL&E), Oil
Inspection Section that they are not subject to these requirements. Written
evidence of such shall be submitted to the Department of Planning Services.
E. 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
2005-3442
PL1807
SPECIAL REVIEW PERMIT#1526 - RICHARD AND TAMMI FISHER
PAGE 4
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).
4) Written evidence of such shall be provided to the Department of
Planning Services.
F. The access width requirements for emergency equipment(fire department)
is a minimum of 20-feet. The applicant shall provide documentation from the
fire department and emergency services that the width of the access and
lane will be adequate for emergency purposes to the Departments of Public
Works and Planning Services.
G. The applicant shall attempt to address the recommendations of the Weld
County Sheriffs Office. Evidence of such shall be provided to the
Department of Planning Services.
H. 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. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005,
should the plat not be recorded within the required sixty(60)days from the date the
Board of County Commissioners Resolution was signed, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
5. Prior to release of building permits:
2005-3442
PL1807
SPECIAL REVIEW PERMIT#1526 - RICHARD AND TAMMI FISHER
PAGE 5
A. All required plans shall be submitted to the Eaton Fire Protection District, Fire
Prevention Bureau, for review and approval.
6. Prior to Certificate of Occupancy:
A. The applicant shall provide evidence that an Individual Sewage Disposal
System Permit has been issued (SP-0500101)for the proposed home and
commercial shop.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
7. Prior to operation:
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 (1) acre in area. The applicant
shall inquire with the Water Quality Control Division(WQCD)of the Colorado
Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
Stormwater Discharge Permit. Alternately, the applicant can provide
evidence from WQCD that they are not subject to these requirements.
8. The Use by Special Review activity shall not occur, norshall 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.
2005-3442
PL1807
SPECIAL REVIEW PERMIT#1526 - RICHARD AND TAMMI FISHER
PAGE 6
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of December, A.D., 2005.
I. , \ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: L I! cF �._ 41-1
iIliam H erke, Chair
Weld County Clerk to they-'z•? ?1"
M. . ile`Pro-Tem
BY:4it dtLk t\IaAq �� F
D uty Cl k to the Bo '. \
David E. Long
AP ED AS •
AEXCUSED
ty y RA d asV( _.lSLA
oun orne /'YJ�Y q
Glenn Vaad
Date of signature: 1112ipky
2005-3442
PL1807
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD AND TAMMI FISHER
USR #1526
1. The Site Specific Development Plan and Use by Special Review Permit is for a Use by
Right,Accessory Use or Use by Special Review in the Industrial Zone Districts(storage of
landscaping materials 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. Hours of operation shall be from 7:30 a.m. to 4:30 p.m., Monday through Friday, as stated
in the application materials.
4. The business shall have a maximum of twelve (12) employees (seven full-time and five
part-time) as stated in the application materials.
5. Vehicles associated with the business shall be limited to ten (10), as outlined in the
application materials.
6. 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.
7. 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.
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
10. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
11. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
13. 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.
2005-3442
PL1807
DEVELOPMENT STANDARDS - RICHARD AND TAMMI FISHER (USR #1526)
PAGE 2
14. The applicant shall complywith all provisions of the Underground and Aboveground Storage
Tank Regulations (7 CCR 1101-4).
15. 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.
16. The facility shall utilize the existing public water supply, North Weld County Water District.
17. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
18. In the event vehicles will be washed on the site, the vehicle washing area(s) shall capture
all effluent and prevent discharges in accordance with the Rules and Regulations of the
Water Quality Control Commission and the Environmental Protection Agency.
19. The easement shall be a graded and drained road to provide all-weather access.
20. Off-street parking spaces,including the access drive,shall be surfaced with gravel,asphalt,
concrete, or the equivalent, and shall be graded to prevent drainage problems.
21. 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.
22. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for best management practices.
23. Pursuant to Chapter 15,Articles I and II, of the Weld County Code, if noxious weeds exist
on the property, or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling noxious weeds.
24. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
25. Upon final inspection and approval, occupancy will be subject to annual fire inspections.
26. Hazardous materials and hazardous materials storage shall be in accordance to the 1997
Uniform Fire Code.
27. Buildings shall conform to the various codes adopted at the time of the permit application.
Current codes adopted by Weld County include: 2003 International Building Code, 2003
International Mechanical Code,2003 International Plumbing Code,2003 International Fuel
Gas Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
2005-3442
PL1807
DEVELOPMENT STANDARDS - RICHARD AND TAMMI FISHER (USR#1526)
PAGE 3
28. 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 Chapter 23 of the Weld County Code.
29. Effective August 1,2005,building permits on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee.
30. 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.
31. Outdoor storage of landscaping equipment and materials shall be screened from adjacent
residences.
32. Screening on the site shall be maintained in accordance with the approved Screening Plan.
33. 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.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
36. 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.
37. 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
to the plans or Development Standards, as shown or stated, shall require an amendment
of the Permit approved by the Weld County Board of County Commissioners before such
changes to the plans or Development Standards will be permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
38. 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.
2005-3442
PL1807
Hello