HomeMy WebLinkAbout20040804.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1459 FOR A BUSINESS PERMITTED AS A USE BY RIGHT IN THE
COMMERCIAL ZONE DISTRICT (VEHICLE SALES AND DETAILING
ESTABLISHMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - TONY DOWDY
AND MIKE WHISTANCE
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 7th day of
April, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Tony Dowdy and Mike Whistance, 13030 Weld County Road 20, Fort Lupton,
Colorado 80621,for a Site Specific Development Plan and Use by Special Review Permit#1459
for a Business Permitted as a Use by Right in the Commercial Zone District (vehicle sales and
detailing establishment)in the A(Agricultural)Zone District on the following described real estate,
to-wit:
Lot 1 of Recorded Exemption#1039;being part of the
NW1/4 of Section 20, Township 2 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Tammy Ellerman, Orr Land Company,
826 9th Street, Greeley, Colorado 80631, 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 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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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.B.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 applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. Due to the small size of the parcel, it is not economically feasible for
agricultural production.
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 forthe 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 Tony Dowdy and Mike Whistance for a Site Specific
Development Plan and Use by Special Review Permit#1459 fora Business Permitted as a Use by
Right in the Commercial Zone District (vehicle sales and detailing establishment) 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 applicant shall submit a revised Landscape/Screening Plan for review
and approval to the Department of Planning Services addressing the
concerns in the referral dated January 19, 2004, from Kim Ogle, Planning
Manager.
B. The applicant shall provide the Department of Planning Services with
documentation as to how the outside storage will be screened per
Section 23-3-250.A.9 of the Weld County Code.
C. The applicant shall obtain written approval from the Fort Lupton Fire
Protection District stating that the facility is in compliance with the Fire Code.
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D. The applicant shall attempt to address the requirements and concerns of the
City of Fort Lupton, as stated in the referral response dated January 14,
2004. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
E. The Platte Valley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils.
F. The applicant 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 from the washing of
vehicles,in accordance with the Rules and Regulations of the Water Quality
Control Commission and the Environmental Protection Agency. Evidence
of approval shall be provided to the Department of Planning Services.
G. The applicant shall submit evidence 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 applicant can provide evidence
from the EPA that they are not subject to the EPA Class V requirements.
(New EPA rule effective 4/5/2000). Evidence of approval shall be provided
to the Department of Planning Services.
H. 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 approval shall be provided to
the Department of Planning Services. The plan shall include ata 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).
Section 23-3-250.A.1 of the Weld County Code states that users of land shall
provide and maintain stormwater retention facilities designed to retain the
stormwater runoff in excess of historic flow from the undeveloped site. The
stormwater retention facility on a developed site shall be designed for a
100-year storm. The stormwater retention facility shall be designed and
operated to release the retained water at a quantity and rate not to exceed
the quantity and rate of a five-year storm falling on the undeveloped site. The
application materials state that the stormwater will run into adjacent ditches.
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There was no supporting documentation stating how this is accomplished.
The applicant shall contact the Weld County Department of Public Works to
further discuss this issue. The applicant shall provide the Department of
Planning Services with evidence that a solution has been reached to the
satisfaction of the Department of Public Works.
J. The applicant shall provide the Department of Planning Services with a
property maintenance plan for review and approval.
K. The applicant shall provide written evidence that all proposed signs are in
compliance with Section 23-4-90 of the Weld County Code.
L. The applicant 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)issues. 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,or the applicant may submit evidence that all the work has
been completed and reviewed by the Departments of Planning Services and
Public Works.
M. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) All plats shall be labeled USR-1459.
3) The approved Landscape/Screening Plan.
4) The approved Signage Plan.
5) The plat shall be in compliance with Sections 23-3-250 A. and B. of
the Weld County Code.
6) All traffic for Use by Special Review Permit#1459 shall utilize the
existing thirty (30) foot access road parallel to the east side of the
property. No access shall be provided from the frontage road or
directly off of Weld County Road 20 for this Use by Special Review.
7) Weld County Road 20 is designated on the Road Capital
Improvement Plan in the County-Wide Road Impact Fee Code
Ordinance, Section 20-1-30, as a local gravel road, 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
Road 20 shall be delineated as right-of-way on the plat. This road is
maintained by Weld County.
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8) The U.S. Highway 85 Access Corridor Plan identifies the intersection
of U.S. Highway 85 and Weld County Road 20 (MP 245.19) as a
public road,unsignalized intersection. The intersection is a highway
access with full movement,at grade,stop condition intersection. All
acceleration/deceleration lanes, with exception of left turn
acceleration lanes,will be improved to meet design requirements and
standards. U.S. Highway 85 Access Corridor Plan identifies this
intersection as a left and right movement.
9) Section 23-3-250.A.2 of the Weld County Code addresses parking.
Sufficient screened,off-street,paved parking areas shall be provided
to meet the requirements of employees, company vehicles,visitors
and customers of the Uses Allowed by Right and Accessory Uses.
Appendix 23-A of the Weld County Code describes the design
requirements for parking spaces and Appendix 23-B delineates the
number of parking spaces required by use for this property. The
proposed facility has office, retail and sales, and warehouse uses.
The parking requirement for office uses is one (1) space for every
two (2) employees, plus one (1) space per 500 square feet. The
area delineated on the drawings submitted is 570 square feet, with
written documentation stating there are four (4) employees on
premises, therefore, three (3) parking spaces are required for the
office area. The Retail sales and service area requires one (1)
parking space per each 200 square feet of area. The area delineated
on the drawings submitted is 372 square feet, therefore, two (2)
spaces are required. The warehouse area requires one(1)space for
every 1,000 square feet of area. The area delineated on the drawings
submitted is 2,088 square feet, therefore, two (2) spaces are
required,plus one(1)foreverythree(3)employees. The application
materials state there will be nine(9)individuals utilizing the site daily,
therefore, three (3) additional parking spaces are required. Total
parking required for this facility is ten (10) parking spaces of which
one (1) must meet the requirements of the Americans with
Disabilities Act (ADA).
10) Each parking space shall be equipped with a wheel guard or a curb
stop,where needed,to prevent vehicles from extending beyond the
boundaries of the spaces and from coming into contact with other
vehicles, walls, fences or plantings.
11) The location of the loading zone that is in compliance with
Section 23-4-50 of the Weld County Code. There shall not be
parking or staging of trucks within the public right-of-way.
12) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public rights-of-way.
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These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals.
13) Section 23-3-250.B of the Weld County Code addresses Operation
Standards for Commercial uses. The applicant shall address the
issue of on-site lighting, including security lighting, if applicable.
Subsection F. states"any lighting ... shall be designed, located and
operated in such a manner as to meet the following standards:
sources of light shall be shielded so that beams or rays of light will
not shine directly onto adjacent properties...."
N. 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
mapsCu�co.weld.co.us.
4. Prior to the release of Building Permits:
A. No use or accessory use may be located closer than twenty-five(25)feet to
the existing or proposed (whichever represents the greater right-of-way
width) highway or street right-of-way. 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 the property line. Fences located on corner lots abutting public
right-of-way shall not obstruct the view of vehicular traffic at an intersection.
There was not a scaled elevational drawing of the elevated display structure
included in the application materials,therefore,prior to the release of Building
Permits, the setback shall be verified given the existing proposed site
conditions, specifically addressing the elevated display areas. Written
evidence of compliance shall be submitted to the Department of Planning
Services.
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B. No use or accessory use may be located closer than ten (10)feet to its lot
line. Off-street parking areas may be permitted in the required offset area
when the area is screened from adjacent lots zoned R-1, R-2, R-3, R-4, or
R-5. Fences over six (6)feet in height are not required to comply with the
minimum offset and may be located on the property line. The plans
submitted with the application materials have not delineated the offset. There
was not an elevational drawing of the structure included in the application
materials,therefore,prior to the release of Building Permits,the offset shall
be verified.
5. Prior to Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed steel
building and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
6. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, 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 7th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLOR DO
K.e��'v"'�i
ATTEST: 1 '�'� V N.i
1La� Robert D. Masden, Chair
Weld County Clerk to t > 10J f .a v..
.sue_^'�e�� mac. ` SC
�y; 'VW �� William H. e, Pro-Tem
BY: .L ti .._. ��
Deputy Clerk to the aoardriff\\,' M. . eile
APP D TO
_ David . Long
ty Lorne
Glenn Vaa
Date of signature: 4//k,
2004-0804
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TONY DOWDY AND MIKE WHISTANCE
USR#1459
1. A Site Specific Development Plan and Use by Special Review Permit #1459 is for a
Business Permitted as a Use by Right in the Commercial Zone District(vehicle sales and
detailing establishment)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 traffic for Use by Special Review Permit#1459 shall utilize the existing thirty(30)foot
access road parallel to the east side of the property. No access shall be provided from the
frontage road or directly off of Weld County Road 20 for this Use by Special Review.
4. Hours of operation shall be from 8:00 a.m. to 6:00 p.m., Monday through Saturday, and
closed on Sunday as requested in the application material.
5. 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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan.
9. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
11. 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.
12. Adequate handwashing and toilet facilities shall be provided for employees and patrons of
the facility.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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14. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
(Commercial Well)
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 Off-street parking, display parking, vehicle overflow area, and access drive shall be
surfaced with recycled asphalt, gravel, or the equivalent and shall be graded to prevent
drainage problems and dust control.
17. 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.
18. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
19. Property shall be maintained in such a manner that grasses and weeds are not permitted
to grow taller than twelve(12)inches. In no event shall the property owners allow the growth
of noxious weeds.
20. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct nor reflected light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with,or construed as,traffic
control devices.
22. 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.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
25. Personnel from 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.
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26. 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.
27. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with anyof the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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