HomeMy WebLinkAbout20043126.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1475 FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE
IN THE COMMERCIAL ZONE DISTRICT(LANDSCAPING MATERIALS YARD)IN THE
A (AGRICULTURAL) ZONE DISTRICT - SAMUEL AND CYNTHIA CLARK
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 17th day of
November,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Samuel and Cynthia Clark, 11809 North 75th Street, P.O. Box 171, Hygiene,
Colorado 80533, for a Site Specific Development Plan and Use by Special Review Permit#1475
for a Use Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(landscaping materials yard) in the A (Agricultural)Zone District on the following described real
estate, to-wit:
Part of Lot B of Recorded Exemption #1917; being
part of the NE1/4 of Section 13, Township 4 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
December 15, 2004, to allow staff additional time to meet sign posting requirements, and
WHEREAS,on December 15,2004,said applicant was represented by Michael McDonough,
Land Consultants, 436 Pratt Street, Longmont, Colorado 80501, 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 22-2-150.B.1 (C.Goal 2) states, "Ensure the compatibility of
commercial land uses with adjacent land uses." Conditions of Approval have
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SPECIAL REVIEW PERMIT#1475 - SAMUEL AND CYNTHIA CLARK
PAGE 2
been included to ensure the site does not have an adverse impact on the
surrounding properties.
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 fora Use Permitted as a Use by Right,an Accessory Use,or a Use
by Special Review in the Commercial or Industrial Zone Districts 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. At this time agricultural properties
lie directly adjacent to the site on all sides.
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 lies
within the three-mile referral area for the Towns of Johnstown and Berthoud.
The Town of Berthoud indicated no conflicts with its interests in a referral
response dated April 21,2004. The Town of Johnstown indicated that should
the property be annexed, the Town would want the use removed or
converted to a more urban-type retail commercial facility,compatible with the
anticipated residential development nearby.
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 lot 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 location and small area retained for the use should not limit the
agricultural value of the larger parcel.
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 Samuel and Cynthia Clark for a Site Specific Development
Plan and Use by Special Review Permit#1475 for a Use Permitted as a Use by Right or Accessory
Use in the Commercial Zone District (landscaping materials yard) in the A (Agricultural) Zone
District on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
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SPECIAL REVIEW PERMIT#1475 - SAMUEL AND CYNTHIA CLARK
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1. Prior to the Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If applicable, and an
on-site sign(s) is desired, the applicant shall submit a sign plan to the
Department of Planning Services. If no sign plan is submitted,the site shall
adhere to Section 23-4-90.A and .B of the Weld County Code,which states
one identification sign per principal use shall be allowed, provided that the
sign does not exceed sixteen (16) square feet in area per face.
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1475.
B. The Use by Special Review plat shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code. The plat should identify the
additional shed, scale house, gas tanks, approved signs, water supply,
restroom facilities, stockpile areas, customer parking, and loading zones.
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. Evidence of Health Services
approval shall be submitted to the Department of Planning Services.
D. 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. Evidence of Health Services approval shall
be submitted 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 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
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
E. The applicant shall submit Building Permits for all structures currently on the
site,including signs. If necessary,structures shall be relocated to meet the
setback requirements. In accordance with Section 23-3-50 of the Weld
County Code,the required setback is measured from the future right-of-way
line.
F. All signs not approved shall be removed.
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G. The applicant shall contact Dave Tuttle with the Weld County Sheriffs Office
to discuss the program entitled Crime Prevention Through Environmental
Design. The Program reduces the likelihood of criminal activity on the site.
H. The plat shall be amended to comply with the following Commercial District
Performance Standards as indicated in Section 23-3-250 of the Weld County
Code.
1) Section 23-3-250.A.1 -Stormwater Management.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. If located on the site, the plat
shall indicate the drainage area.
2) Section 23-3-250.A.2 — Parking. Sufficient screened, off-street,
paved parking areas shall be provided to meet the requirements of
employees, company vehicles, visitors, and customers.
Appendix 23-A describes the design requirements for parking
spaces,and Appendix 23-B delineates the number of parking spaces
required by use for this property. The parking shall be figured in
accordance to the required parking for retail sales and service based
on the size of the sales yard. The plat shall indicate the appropriate
parking spaces. The site shall also meet ADA parking requirements.
3) Section 23-3-250.A.3-Street Access. Lots shall have safe access
to an approved public or private street. The design designation of any
street or highway as to type shall be in conformance with that shown
on the County Thoroughfare Plan and/or the Master Plan of the
affected municipality. The applicant has identified two access points
to the facility. The eastern most access adjacent to the corner does
not meet the 150-foot distance for commercial type use from the
intersection. This access shall be closed. Evidence of closure shall
be submitted to the Department of Planning Services.
4) Section 23-3-250.A.4 — Required Yards - Setback. Weld County
Roads 13 and 46 are designated on the Weld County Road
Classification Plan as arterial status roads,which require 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
Roads 13 and 46 shall be delineated as right-of-way reservation on
the plat. Weld County Roads 13 and 46 are maintained by Weld
County. Off-street parking areas may be permitted in the required
setback area when the area is screened from direct view of persons
on the public rights-of-way. Fences over six(6)feet in height are not
required to comply with the minimum setback and may be located on
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the property line. Fences located on corner lots abutting public
right-of-way shall not obstruct the view of vehicular traffic at an
intersection.
5) Section 23-3-250.A.6 — 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 scattered by wind and animals. The plat shall
delineate the screened enclosure as outlined in this Section of the
Code.
6) Section 23-3-250.A.7—Water Supply. Uses shall have an adequate
source of potable water. The applicant shall provide current evidence
that the facility has an adequate water supply(i.e.,well or community
water system).
7) Section 23-3-250.A.8-Sewage Disposal. Uses shall have adequate
sewage disposal facilities. An individual sewage disposal system
(I.S.D.S.), or an adequately sized and monitored vault system, is
required for the existing modular office and shall be installed
according to the Weld County I.S.D.S. Regulations. The septic
system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County I.S.D.S.
Regulations.
8) Section 23-3-250.A.9 — Outside Storage. Outdoor storage of
vehicles,equipment or materials,when permitted,shall be screened
from public rights-of-way and all adjacent properties. The applicant
shall submit a landscape/Screening Plan to the Department of
Planning Services for review and approval.
The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements(access drive, parking areas, plant
materials,fencing,screening,etcetera)and post adequate collateral for all
required materials. The agreement and form of collateral shall be reviewed
by County staff and accepted by the Board of County Commissioners prior
to recording the plat.
J. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
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SPECIAL REVIEW PERMIT#1475 - SAMUEL AND CYNTHIA CLARK
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K. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 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.
4. 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.
5. 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 15th day of December, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
Est • ��� , ,���� COU\N'TY, C OLORADO
1861OA_ /�ndticQQ D� Robert D. Masden,\ Chair
n lerk to the Board
jrr William H. - rke, Pro-Tem
eputy Clerk t the oard NAY
M. ,'. eile o i
A V AS TO Cwt •
Davi. Long
my AttoY
Glenn Vaad -
Date of signature: c'/C'9/a_
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SAMUEL AND CYNTHIA CLARK
USR#1475
1. The Site Specific Development Plan and Use by Special Review Permit#1475 is for a Use
Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(landscaping materials yard) 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 Use by Special Review Permit shall not be transferable to any successors in interest
to the prescribed property,and shall terminate automatically upon conveyance or lease of
the property to others for operation of the facility.
4. 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.
5. 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.
6. 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.
7. The applicant shall operate in accordance with the approved Waste Handling Plan.
8. 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.
9. 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.
10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
11. Any septic system or adequately sized and monitored vault system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage
Disposal Systems.
12. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
13. If applicable,the applicant 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 - SAMUEL AND CYNTHIA CLARK (USR#1475)
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14. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
15. 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.
16. The off-street parking, including the access drive, shall be surfaced with gravel, asphalt,
concrete or the equivalent and shall be graded to prevent drainage problems. Off-street
loading spaces shall have adequate compaction for unloading of heavy material or
equipment. All access and circulation areas shall be compacted or have a hard surface to
accommodate an all-weather access to the facility.
17. 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.
18. Building Permits shall be obtained prior to the any new construction. The office building is
required to be accessible to persons with disabilities.
19. A plan review is required for the office 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. Building plans from the manufacturer detailing the blocking and
tie down methods are an alternative.
20. The number of plumbing fixtures shall be installed to Table 2902.1 of the International
Building Code. Request of portable toilets and potable water will have to be approved by the
Weld County Department of Public Health and Environment.
21. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 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.
22. 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 of the Weld County Code.
23. 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 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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24. There shall be no parking or staging of trucks within the public right-of way.
25. Trucks transporting materials from the site shall cover their loads to reduce loose materials
on the roadway and damage to vehicles.
26. The screening and landscaping on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
27. Hours of operation shall be from 9:00 a.m. to 6:00 p.m. daily.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. 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.
31. 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.
32. 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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