HomeMy WebLinkAbout20041653.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1473 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(STORAGE OF CONSTRUCTION EQUIPMENT AND MATERIALS)IN THE
A (AGRICULTURAL) ZONE DISTRICT - TOM KEBERLEIN
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
July, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Tom Keberlein, 6110 Lesser Drive, Greeley, Colorado 80634, for a Site Specific
Development Plan and Use by Special Review Permit#1473 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
(storage of construction equipment and materials) in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Lot A of Recorded Exemption#200; being part of the
NW1/4 of Section 29, Township 5 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Glen Droegemueller of Otis, Coan and
Stewart, LLC, 1812 56th Avenue, Greeley, Colorado 80634, 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 22-2-150.6.1 (C.Goal 2) states, "ensure the compatibility of
commercial land uses with adjacent land uses." Conditions have been
included to ensure the site does not have an adverse impact on the
surrounding properties.
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SPECIAL REVIEW PERMIT#1473 - TOM KEBERLEIN
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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. Section 23-3-40.R of the Weld County Code
provides for a Use Permitted as a Use by Right,an Accessory Use,ora Use
by Special Review in the Commercial or Industrial Zone District as a Use by
Special Review 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. Although urban development is
quickly being established in the area,at this time vacant properties lie directly
adjacent to the site on all sides.
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. The site lies
within the three-mile referral area for the Town of Milliken,the City of Evans,
and the City of Greeley. The Town of Milliken indicated, in a referral
response dated March 31, 2004, that the use does not conflict with its
interests. In a referral response dated April 9, 2004, the City of Evans
indicated the need for additional review should the access to Two Rivers
Parkway be significantly changed, as well as the need for additional
right-of-way in the future. The City of Greeley voiced concerns including the
appearance of the building,screening, surfacing of parking and driveways,
setbacks,and drainage. Most of the concerns have been addressed through
the Conditions of Approval and Development Standards.
e. Section 23-2-230.6.5 -- 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 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The small size of the lot limits its agricultural value.
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 Tom Keberlein for a Site Specific Development Plan and
Use by Special Review Permit#1473 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(storage of construction
equipment and materials)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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1. 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 Sections
23-4-90.A and .B of the Weld County Code which state 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-1473.
B. The Use by Special Review Plat shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
C. The applicant shall submit written evidence from the Weld County
Department of Building Inspection indicating that the existing metal shed
meets all of its requirements, or that the appropriate Building Permits have
been submitted for the proposed change in use.
D. The applicant shall attempt to address the requirements and concerns of the
City of Greeley, as stated in the referral response dated May 3, 2004.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
E. 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 plat shall
indicate the drainage area as specified in the documents submitted
through North Star Design, Inc.
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 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 plat shall indicate the appropriate
parking spaces.
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.
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SPECIAL REVIEW PERMIT#1473 - TOM KEBERLEIN
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4) Section 23-3-250.A.4 — Required Yards - Setback. Weld County
Roads 54 (37th Street) and 27.5 (Two Rivers Parkway) are
designated on the Weld County Road Classification Plan as major
arterial 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 54 and 27.5 shall be delineated as
right-of-way reservation on the plat. Weld County Road 54 has been
annexed and is maintained by the City of Greeley. Weld County
Road 27.5 has been annexed and is maintained by the City of Evans.
There is a sight distance triangle problem at the intersection of Weld
County Roads 54 and 27.5. To help the existing situation, the plat
shall indicate that no storage of vehicles or material shall be allowed
in the northeast corner of the proposed Use by Special Review for a
distance of 125 feet extending west and south from the intersection
of Weld County Roads 54 (37th Street) and 27.5 (Two Rivers
Parkway).
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 scatted by wind or animals. The plat shall delineate
the screened enclosure as outlined in this Section of the Code.
6) Section 23-3-250.A.8-Sewage Disposal. Uses shall have adequate
sewage disposal facilities. The septic system serving the home shall
be reviewed by a Colorado registered professional engineer. The
review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental
Health Services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current regulations.
7) Section 23-2-250.B.6—Light. Any lighting, including light from high
temperature processes such as welding or combustion, 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; 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;
and no colored lights may be used which may be confused with or
construed as traffic control devices. The application materials did not
include a Lighting Plan. Should exterior lighting be a part of this
facility, all light standards shall be delineated on the Use by Special
Review Plat.
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SPECIAL REVIEW PERMIT#1473 -TOM KEBERLEIN
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F. 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 Use by Special Review plat.
G. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. At time of Construction:
A. A minimum of two(2)20-pound, multi-purpose, dry chemical extinguishers
rated shall be readily available and accessible.
4. Upon completion of Conditions#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.
5. 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
maos@co.weld.co.us.
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.
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SPECIAL REVIEW PERMIT#1473 - TOM KEBERLEIN
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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 July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
Elid 1 W LD COUNTY, COLORA
"Iii DO
Cel "Iasi ` Robert D. Masden, Chair
C.' lerk to the Boar -77:n4_,
Off A ,i ,
)l '+,\ - William H. rke, Pro-Tem
-� -/isLc,
Deputy Clerk to the Board
M. J. $ C
APP AS C Ciel
Davi E. Long
CC i y Lorne ..-4.1 AAA--�L]i6�
Glenn Vaad
Date of signature: /z/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TOM KEBERLEIN
USR#1473
1. The Site Specific Development Plan and Use by Special Review Permit#1473 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(storage of construction equipment and materials)
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 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.
4. 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.
5. 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.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan.
9. Adequate hand washing and toilet facilities shall be provided for employees of the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
11. The facility shall utilize the existing public water supply (The City of Greeley).
12. 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.
13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. Structures located within the future right-of way for Weld County Roads 54(37th Street)and
27.5 (Two Rivers Parkway) are considered non-conforming and must comply with
Chapter 23, Article VII, of the Weld County Code.
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15. 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.
16. The existing frame garage and metal shed located on the parcel restrict open sight distance
to the west. Should Weld County Road 54(37th Street)be expanded and future right-of-way
is acquired, these two structures shall be removed or relocated to provide an open sight
distance to the west.
17. The off-street parking, including the access drive,shall be surfaced with 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 hard surfaces to accommodate
an all-weather access to the facility.
18. 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.
19. A Building Permit shall be obtained prior to the construction of any new building.
20. A plan review is required for each building for which a Building Permit is required. Plans for
the storage building shall include a floor plan. 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.
21. 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.
22. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
23. The storage building will probably be classified as Type S-1 (Moderate Hazard)storage.
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.
24. 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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25. There shall be no parking or staging of trucks within the public right-of way. All parking
related to the business shall be within the area screened by the six-foot privacy fence.
26. The proposed building shall meet all setback and offset requirements.
27. The screening and landscaping on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
28. Hours of operation shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
31. 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.
32. 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.
33. 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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