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Home My WebLink About20042754 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1482 FOR A USE BY RIGHT OR ACCESSORY USE IN THE INDUSTRIAL ZONE DISTRICT (STORAGE OF VEHICLES AND EQUIPMENT ASSOCIATED WITH A TREE TRIMMING BUSINESS)IN THE A(AGRICULTURAL)ZONE DISTRICT-MICHAEL AND NICOLETTE THOMPSON 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 6th day of October, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Michael and Nicolette Thompson, 3047 Weld County Road 19, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit#1482 for a Use by Right or Accessory Use in the Industrial Zone District (storage of vehicles and equipment associated with a tree trimming business) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot A of Recorded Exemption#808; being part of the SE1/4 of Section 16, Township 1 North, Range 67 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.B.1 --The proposed use is consistent with Chapter 22 and any other applicable Code provisions or ordinance in effect. Section 22-2-60D.A.4 of the Weld County Code states, "Conversion of agricultural land to nonurban residential,commercial,and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." The proposed use is compatible with the surrounding area. 2004-2754 PL1744 (0C f�. U? /fzCE2-±) •& i4/-O`/ SPECIAL REVIEW PERMIT#1482 - MICHAEL AND NICOLETTE THOMPSON PAGE 2 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 any use permitted as a Use by Right or an Accessory Use in the 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. Two single family residences are located to the south of the site, rural agricultural land is located to the north and east of the site, an existing dairy is located to the southeast of the site, a dam and reservoir comprises the western portion of the property. No responses expressing concerns with this use have been received from surrounding property owners. The vehicle and equipment storage area will be screened from adjacent properties and rights-of-way by existing trees. 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 City of Dacono, in its referral response received June 23, 2004, indicated no conflict with its interests, subject to the applicant satisfying two conditions. These conditions are addressed through the attached Conditions of Approval. 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 proposed lots 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 site is located on land that is designated as"irrigated, non-prime" per the 1979 U.S.D.A. Prime Farmlands Map of Weld County. 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 Michael and Nicolette Thompson for a Site Specific Development Plan and Use by Special Review Permit#1482 for a Use by Right or Accessory Use in the Industrial Zone District (storage of vehicles and equipment associated with a tree trimming business)in the A(Agricultural)Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 2004-2754 PL1744 SPECIAL REVIEW PERMIT#1482 - MICHAEL AND NICOLETTE THOMPSON PAGE 3 1. Prior to recording the plat: A. The plat shall be labeled USR-1482. B. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) Weld County Road 19 is designated on the Weld County Road Classification Plan as a collector status road,which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of Weld County Road 19 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 19. This road is maintained by Weld County. C. The applicant shall submit a Dust Abatement Plan for review and approval to the Weld County Department of Public Health and Environment, Health Services Division. Evidence of such shall be submitted to the Department of Planning Services. D. The applicants shall provide written evidence that they have addressed the requirements of the City of Dacono as stated in item#1 of its referral dated June 22, 2004. E. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights-of-way, or be removed from the property. All other items considered to be part of a non-commercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. Evidence of such shall be submitted to the Department of Planning Services. F. 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. 2004-2754 PL1744 SPECIAL REVIEW PERMIT#1482 - MICHAEL AND NICOLETTE THOMPSON PAGE 4 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 maoseco.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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of October, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WED COUNTY, COLORADO Robert D. Masden, Chair o Clerk to the Board aett ,CJ. 1/40 William H. Jerk ro-Tem 2c eputiblerrkk to the Board %� y'\� i / ®� �� % M. J. Geile AP AS TO EXCUSED David ELLong dasc_ ounty Attorner .gS Gtccs� Glenn Vaad Date of signature: /©-/Y19/ 2004-2754 PL1744 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MICHAEL AND NICOLETTE THOMPSON USR#1482 1. The Site Specific Development Plan and Use by Special Review Permit#1482 is for a Use by Right or Accessory Use in the Industrial Zone District(storage of vehicles and equipment associated with a tree trimming business) 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. Business equipment and vehicles stored on the site shall be limited to one pickup truck,one flatbed truck, one chipper, one stumper grinder, and one stump grinder as outlined in the application materials. 4. The business shall be limited to one employee as outlined in the application materials. 5. No outside repair or maintenance/oil changes shall be conducted, with the exception of routine maintenance. 6. 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. 7. 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. 8. 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. 9. 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. 10. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in Section 25-12-103, C.R.S. 11. Adequate hand washing and toilet facilities shall be provided. 12. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 2004-2754 PL1744 DEVELOPMENT STANDARDS - MICHAEL AND NICOLETTE THOMPSON (USR #1482) PAGE 2 15. The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code. 16. A Building Permit shall be obtained prior to the construction of any new building. 17. Utilize the shared access point, as no other additional accesses shall be granted to this parcel. 18. Off-street parking, including the access drive,shall be surfaced with gravel or the equivalent and shall be graded and drained to prevent drainage problems. 19. There shall be no parking or staging of vehicles on Weld County Road 19. Utilize the on- site parking only. 20. 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. 21. Effective January 1, 2003, Building Permits issued on the subject site will be required to adhere to the fee structure of the County-Wide Road Impact Program. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 24. Personnel from the 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. 25. 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. 26. 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. 2004-2754 PL1744 Hello