HomeMy WebLinkAbout20040126.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1431 FOR A RV PARK AND STORAGE AND RECREATION AREA IN THE
A (AGRICULTURAL) ZONE DISTRICT - MARLIN NESS
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 28th day of
January, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Marlin Ness, 830 East 28th Street, Greeley, Colorado 80631,for a Site Specific
Development Plan and Use by Special Review Permit #1431 for a RV Park and Storage and
Recreation Area in the A(Agricultural)Zone District on the following described real estate,to-wit:
NE1/4 of Section 21, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Tony Evans, Elite Consulting, Inc.,
P.O. Box 94, Greeley, Colorado 80632, 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.B.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 23-2-230.6.2--The proposed use is consistent with the intent of 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.
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SPECIAL REVIEW PERMIT#1431 - MARLIN NESS
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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.B.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.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 Marlin Ness fora Site Specific Development Plan and Use
by Special Review Permit #1431 for a RV Park and Storage and Recreation Area 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 plat shall be labeled USR-1431.
B. Flood hazard permits shall be required for any buildings/structures to be
located in the floodplain and shall be submitted for review and approval by the
Department of Planning Services.
C. The applicant shall submit a detailed,legible,and scaled Screening Plan to
the Department of Planning Services for review and approval. The screening
plan shall detail screening of the property from adjacent properties and public
rights-of-way.
D. Weld County Code Section 30-2-120 states,"Permits to construct, extend,
or replace individual sewage disposal septic systems shall be denied if a
community sewer is within four hundred(400)feet of the applicant's dwelling,
place of business, or institution; and if the municipality or district agrees to
provide sewer service." The City of Greeley Water and Sewer Department
has confirmed that the sewer service is within 400 feet of the applicant's
dwelling and is providing sewer service to the home at this time. The
applicant shall abandon the septic system serving the garage restroom
facility and either remove the garage facilities or connect to the City of
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Greeley Sewer Services in accordance with the Weld County Code. Written
verification or physical evidence that the septic system has been abandoned,
and that the restroom facilities have either been connected to City of Greeley
sewer or have been removed, shall be submitted to the Weld County
Departments of Planning Services and Public Health and Environment.
E. The applicant shall provide evidence that all requirements of the Colorado
Department of Transportation have been addressed based on the Colorado
Department of Transportation's (CDOT) review of the applicant's Traffic
Study. Evidence of such shall be provided to the Department of Planning
Services.
F. The applicant shall attempt to address the requirements of the Union Colony
Fire/Rescue Authority as stated in its referral received June 10, 2003.
Evidence of such shall be provided to the Department of Planning Services.
G. The applicant shall attempt to address the requirements of the City of
Greeley,as stated in its referral response received June 17,2003. Evidence
of such shall be provided to the Department of Planning Services.
H. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The applicant shall place direction arrows on the plat showing
one-way circulation. The 16-foot wide roadway will not
accommodate two-way recreational vehicles.
3) Adequate turning radiuses shall be designed for the facility to
accommodate recreational vehicles. This should be indicated on the
plat. Utilize the AASHTO Design of Highways and Streets for your
reference.
4) The Screening Plan shall include the following information:
a. The common, botanical name and sizes of any proposed
plant screening materials.
b. The location of any proposed plant screening materials.
c. The location and type of fencing and other screening
materials.
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The applicant shall attempt to address the recommendations of the Colorado
Division of Wildlife as stated in a referral received June 19, 2003.
J. The applicant shall attempt to address the recommendations of the Weld
County Sheriff's Office as stated in its referral received July 15, 2003.
Evidence of such shall be submitted in writing to the Department of Planning
Services.
K. 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(a�co.weld.co.us.
4. Prior to operation:
A. Proper Building Permits shall be applied for,and approved for,the RV pads.
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.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: / `� ., I . La J� k Mc
UL�—�
- . Robert D. Masden, Chair
Weld County Clerk tot FBI:i tom,
1�ntp L '
(i 't William H. J e, Pro-Tem
BY:
Deputy Clerk to the B.'
M. J. ile
APB A£�� RM:
D . Lon
ounty tto ey
Glenn Vaad
Date of signature: _2/11
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARLIN NESS
USR#1431
1. The Site Specific Development Plan and Use by Special Review Permit#1431 is for a RV
Park and Storage and Recreation Area 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. Any future structures or uses on site must obtain the appropriate Zoning and Building
Permits.
4. Off-street parking spaces,including the access drive,shall be surfaced with gravel,asphalt,
concrete, or equivalent, and shall be graded to prevent drainage problems. Each space
shall be equipped with wheel guards,or curb blocks where needed,to prevent vehicles from
extending beyond the boundaries of spaces and from coming into contact with other
vehicles, walls, fences or plantings.
5. The access and perimeter road shall be a minimum of 24 feet in width for two-way traffic,
with adequate turning radiuses at intersections and curves to accommodate recreational
vehicle traffic. This road shall be an all-weather type surface for access throughout the year.
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 stormwater 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. Fugitive dust and 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. 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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13. Development or RV pads shall not be allowed over the City of Greeley sanitary sewer line
easement.
14. All campers and recreation vehicles (RV) using the facility must be fully self-contained in
regard to water and sewage.
15. There shall be no disposal of sewage or any waste water at this facility.
16. Any future structures shall be served by an individual sewage disposal system that meets
the minimum requirements of the County Code and a communitywater system. The facility
shall obtain water and sewer service from the City of Greeley in the event that it is available.
17. A total of 200 pad sites for RV camping shall be allowed.
18. A total of 20 Rvs/boats shall be allowed on site for storage.
19. If any work associated with this project requires the placement of dredged or fill material,or
any excavation associated with a dredged or fill project,either temporary or permanent, in
streams or wetlands at this location,the Department of the Army,Corps of Engineers shall
be contacted by a proponent of the project for proper Department of the Army permits or
changes in permit requirements pursuant to Section 404 of the Clean Water Act.
20. No development shall occur within the floodway of the South Platte River as delineated on
the Federal Emergency Management Agency(FEMA)National Flood Insurance Program
Floodway Map Community Panel Number 080266-0010, dated September 28, 1990.
21. 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 area.
22. Any landscaping on site shall be maintained in accordance with the approved Screening
Plan.
23. 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.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
26. 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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27. 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.
28. 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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