HomeMy WebLinkAbout20040818.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1428 FORA USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (REPAIR WORK ON HEAVY DUTY TRUCKS AND FARM EQUIPMENT)
IN THE A(AGRICULTURAL) ZONE DISTRICT -JOHN AND DENISE WALKUSCH
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 John and Denise Walkusch, 12439 Highway 392,Greeley,Colorado 80631,fora Site
Specific Development Plan and Use by Special Review Permit#1428 for a Use Permitted as a Use
by Right,an Accessory Use,or Use by Special Review Permit in the Commercial or Industrial Zone
Districts(repair work on heavy duty trucks and farm equipment)in the A(Agricultural)Zone District
on the following described real estate, to-wit:
Subdivision Exemption#485;being part of the SW 1/4
/4
of Section 18, Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was 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 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 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.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1428 - JOHN AND DENISE WALKUSCH
PAGE 2
c. Section 23-2-230.6.3--The uses which will be permitted will be 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.
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.
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 John and Denise Walkusch for a Site Specific
Development Plan and Use by Special Review Permit#1428 fora Use Permitted as a Use by Right,
an Accessory Use,or Use by Special Review Permit in the Commercial or Industrial Zone Districts
(repair work on heavy duty trucks and farm equipment)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 address the requirements of the Colorado Department
of Transportation (CDOT) as outlined in its referral received May 1, 2003.
Written evidence of CDOT approval shall be submitted to the Department of
Planning Services.
B. The applicant shall attempt to address the requirements of the
Windsor-Severance Fire Protection District, as outlined in its referral
received May 12, 2003. Written evidence of such shall be submitted to the
Department of Planning Services.
C. The applicant shall attempt to address the recommendations of the City of
Greeley,as outlined in its referral received May 1,2003. Written evidence of
such shall be submitted to the Department of Planning Services.
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SPECIAL REVIEW PERMIT#1428 - JOHN AND DENISE WALKUSCH
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D. A Building Permit shall be obtained for the existing buildings associated with
the use unless evidence can be submitted that a permit and all required
inspections were performed. Building Permit applications shall include all
uses to which the buildings are, or will be, used. A plot plan shall be
submitted showing all structures with accurate distances between
structures, and from structures to all property lines.
E. A Plan Review is required for each building for which a Building Permit is
required. Plans for the shop shall include a floor plan and a complete
description of the extent of the work that will be done to repair vehicles. Two
complete sets of plans are required when applying for each permit.
F. The applicant shall abandon the cesspool in accordance with Weld County
Code. Written verification or physical evidence that the cesspool has been
properly abandoned shall be submitted to the Weld County Departments of
Planning Services and Public Health and Environment.
G. Submit a Dust Abatement Plan to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment,
for approval prior to operation.
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. 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).
The applicant shall submit a Screening Plan for review and approval by the
Department of Planning Services. Types and height of screening materials
shall be delineated in the Screening Plan.
J. The West 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.
K. The applicant shall attempt to address the recommendations of the Weld
County Sheriff's Office, as outlined in its referral dated June 13, 2003.
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SPECIAL REVIEW PERMIT#1428 - JOHN AND DENISE WALKUSCH
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L. The existing semi trailers stored on the property shall be screened from
adjacent properties and rights-of-way, and shall be currently licensed.
Evidence of such shall be submitted to the Department of Planning Services.
M. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1428.
2) The attached Development Standards.
3) The proposed internal traffic circulation pattern shall be indicated.
4) The applicant shall address the requirements of the Americans with
Disabilities Act (ADA) on the plat. A minimum of one (1)
handicapped space is required. Typically, one parking space shall
be van accessible with a five-foot wide landing between parking
spaces. Access from the parking area into the structure shall be
indicated.
5) The approved Screening and Buffering Plan.
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
mapsco.weld.co.us.
4. 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.
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SPECIAL REVIEW PERMIT#1428 - JOHN AND DENISE WALKUSCH
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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 DCCOUNTY, COLORADO
{ATTEST: f� 4/4/i I I La`s
Robert D. Masden, Chair
Weld County Clerk to t(,6 "•'.,iv
BY: � z. � r�-A� �William H. J e, Pro-Tem
Deputy Clerk to the Bb$
M. . eile
AP OV AS FO
�� 4/ David . Long
ounty Attorne�j
Glenn Vaad
5//,
Date of signature: e
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND DENISE WALKUSCH
USR#1428
1. The Site Specific Development Plan and Use by Special Review Permit#1428 is for a Use
Permitted as a Use by Right, an Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (repair work on heavy duty trucks and farm
equipment)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 equipment and vehicles to be repaired shall be stored inside existing buildings and/or
within the fenced storage area.
4. No outside repair or maintenance/oil changes shall be conducted with the exception of
routine maintenance.
5. The off-street parking spaces, including the access drive, shall be surfaced with gravel or
equivalent and shall be graded to prevent drainage problems. Each parking space adjacent
to the building shall be equipped with a wheel guard or curb stop where necessary to prevent
from extending beyond the boundaries of the space and from coming into contact with other
vehicles, walls, fences, or plantings.
6. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that 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.
7. 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.
8. 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.
9. 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.
10. In accordance with the Underground and Above Ground Storage Tank Regulations(7 CCR
1101-14)a spillage retention berm shall be constructed around the tank battery. The volume
retained bythe spillage berm should be greater than the volume of the largest tank inside the
berm. Alternative protective measures maybe allowed provided they comply with the Above
Ground Storage Tank Regulations.
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DEVELOPMENT STANDARDS - JOHN AND DENISE WALKUSCH (USR #1428)
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11. 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.
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in Section 25-12-103, C.R.S.
13. 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.
14. The applicant shall operate in accordance with the approved Waste Handling Plan.
15. Adequate hand washing and toilet facilities shall be provided.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
17. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
18. Effective January 1,2003,Building Permits issued on the lotwill be required to adhere to the
fee structure of the County-Wide Road Impact Program.
19. The screening on site shall be maintained in accordance with the approved Screening Plan.
20. 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.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. Weld County 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.
24. 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.
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25. 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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