HomeMy WebLinkAbout20040112 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1442 FORA USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(THE SELLING, MANUFACTURING, AND OUTDOOR STORAGE OF METAL
PRODUCTS) IN THE A (AGRICULTURAL) ZONE DISTRICT -JON MOSER
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 14th 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 Jon Moser, 34824 Weld County Road 29, Greeley, Colorado 80631, for a Site
Specific Development Plan and Use by Special Review Permit#1442 fora Use Permitted as a Use
by Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts
(the selling, manufacturing, and outdoor storage of metal products) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Lot B of Recorded Exemption #1566; being part of
Section 9, Township 6 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
February 4, 2004, to allow adequate time to publish and send a corrected notice to surrounding
property owners, and
WHEREAS,at said hearing on February 4, 2004, said applicant was represented by John
Vazquez, JCB Engineering, LLC, 106 Rock Bridge Court, Windsor, Colorado 80550, 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 Chapter22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60
(A.Goal 1)states,"Conserve agricultural land for agricultural purposes which
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SPECIAL REVIEW PERMIT#1442 - JON MOSER
PAGE 2
foster the economic health and continuance of agriculture." The property is
designated as Prime Farmland of National Importance according to the
U.S.D.A.Soil Conservation Services of Weld County Map dated in 1979. The
proposed uses will only be on 1.51 acres of the total site and will not take out
any additional farmland.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Currently the property is in violation
(VI-0300026)for operating a metal cutting business without a Use by Special
Review(USR)Permit. Upon approval of the USR the violation will be closed.
Section 23-3-40.R of the Weld County Code provides fora use permitted as
a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (the selling, manufacturing, and
outdoor storage of metal products) as a Use by Special Review in 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. The surrounding property to the
north is primarily agricultural. The surrounding properties to the east,west
and south are residential. The Development Standards and Conditions of
Approval will ensure compatibility with adjacent properties.
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 subject
property lies within the three-mile referral area of the Town of Eaton,the City
of Greeley, and the Town of Severance. The Town of Eaton stated, in the
referral received August 25, 2003, that it had no conflicts with the request.
The City of Greeley,in the referral of September 16,2003,indicated that the
applicant shall adhere to setbacks,all outdoor storage shall be screened or
enclosed, material that is not resistant to damage from exposure to the
outside environment should not be placed outside for a period in excess of
24 hours,and 50 feet from the centerline of Weld County Road 29 should be
reserved for future development. The City of Greeley's concerns have been
addressed in the Conditions of Approval and Development Standards. The
Town of Severance did not respond to the referral request.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Building Permits issued on the lot will be required to adhere to the fee
structure of County-Wide Road Impact Program.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The subject site is designated Prime Farmland of National Importance
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SPECIAL REVIEW PERMIT#1442 - JON MOSER
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according to the 1979 U.S.D.A. Soil Conservation Services. The USR will
only occupy 1.51 acres which have already been developed substantially
limiting 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 Jon Moser fora Site Specific Development Plan and Use
by Special Review Permit#1442 for a Use Permitted as a Use by Right,Accessory Use,or Use by
Special Review in the Commercial or Industrial Zone Districts (the selling, manufacturing, and
outdoor storage of metal products) 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-1442.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
3) Weld County Road 29 is designated on the Road Capital
Improvement Plan of the County-Wide Road Impact Program,
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 29
shall be delineated as right-of-way on the plat. This road is
maintained by Weld County.
4) Weld County Road 72 is designated on the Road Capital
Improvement Plan of the County-Wide Road Impact Program,
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 72
shall be delineated right-of-way on the plat. This road is maintained
by Weld County.
C. The applicant shall submit a Screening/Landscape Plan for review and
approval which includes the following information:
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1) The applicant shall demonstrate how the proposed plant material will
be irrigated.
2) The applicant shall delineate on-site lighting, including security
lighting, if applicable.
3) The applicant shall delineate the location of any proposed and
existing plant material. Existing shall be delineated as a circle with
a dot in the middle,proposed shall be delineated as a circle with a"+"
in the middle.
4) The Landscape Plan shall indicate a site for a trash collection that is
sufficiently screened from adjacent public rights-of-way and adjacent
properties. These areas shall be designed and used in a manner
that will prevent wind or animals from scattering trash.
D. The applicant shall delineate sufficient screened off-street paved parking
areas. All parking and loading areas shall be screened from adjacent
properties and road rights-of-way.
E. Written evidence from the Department of Building Inspection indicating all of
its requirements have been completed as stated in the referral received
September 10, 2003, shall be submitted to the Department of Planning
Services.
F. The West Greeley 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.
G. This facility,shall adhere to Appendix 23-B of the Weld County Code. The
total number of on-site parking for this facility shall be six (6) spaces, of
which one (1)shall be a van accessible handicapped parking stall meeting
all of the requirements as set forth in the Americans with Disabilities Act
(ADA). Further, the applicant shall delineate curb stops for the parking
spaces shown on the USR plat.
H. The applicant shall address and adhere to the American with Disabilities Act
and ADA standards for this facility at all times. Non-ambulatory and
Ambulatory parking spaces shall be identified and shown on the plat. This
site will be required to meet all requirements of the Americans with
Disabilities Act. At least one space must be van accessible. The parking
spaces must be the closest possible to the entrance. Signing will be
required. Curb cuts, ramps, and other methods of providing accessibility
shall be required to reasonably attempt to meet the requirements of this Act.
Should the applicant elect to not adhere to the previously discussed Federal
Standards,the Department of Planning Services requests that the applicant
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outline how the proposed site design mitigates the requirements of the
American's with Disabilities Act.
The applicant shall attempt to address the requirements and concerns of the
City of Greeley, as stated in the referral response received September 16,
2003. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
J. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements 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 USR plat.
K. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
L. Written Evidence from Bonanza Creek Oil Company, LLC indicating all
requirements and agreements between the surface developer and Bonanza
Creek Oil Company have been completed as stated in their referral received
September 15,2003 shall be submitted or evidence that an attempt has been
made to mitigate their concerns to the 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 respectively 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(o�co.weld.co.us.
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SPECIAL REVIEW PERMIT#1442 - JON MOSER
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 4th day of February, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
Q� VUI&ITYCZADO
ATTEST: LI I, ^1 E a`��� Robert D. Masden, Chair
Weld County Clerk to 86 n
ce ; (A, 62 � William . rke, Pro-Tem
BY: o ,
Deputy Clerk to the Bobs /i� at.
Geile ^
APP AS •
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Er Lary/
oun AttorneN
// Glenn Va
Date of signature: ��/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JON MOSER
USR#1442
1. The Site Specific Development Plan and Use by Special Review Permit#1442 is fora Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts,(the selling, manufacturing and outdoor storage of
metal products) 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, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District as delineated in Section 25-12-103, C.R.S.
8. Adequate toilet facilities shall be provided for the public.
9. The facility shall utilize the existing public water supply, North Weld County Water District.
10. The applicant shall utilize the existing 20-foot gravel drive access from Weld County
Road 29 to the proposed USR facility.
11. The off-street parking spaces,loading,and unloading areas around the shop area,including
the access drive, shall be surfaced with gravel or the equivalent and shall be graded to
prevent drainage problems.
12. 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 not 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.
13. 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.
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DEVELOPMENT STANDARDS - JON MOSER (USR #1442)
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14. Changes in the character or use of existing buildings shall conform to the requirements of
Section 3405 of the 1997 Uniform Building Code (UBC).
15. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation
of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B
and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
16. Building height shall be measured in accordance with the 1997 UBC 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 27 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.
17. All lighting on site must comply with Section 23-3-260 of the Weld County Code.
18. All trash collection areas must comply with Section 23-3-350.H of the Weld County Code.
19. Hours of operation for the selling and manufacturing of metal products will be limited to
Monday through Saturday, 7:00 a.m. to 5:30 p.m.
20. The number of employees for the selling, manufacturing, and outdoor storage of metal
products will be limited to three.
21. The landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan.
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. Items not customarily used or stored outside or made of material that is not resistant to
damage or deterioration from exposure to the outside environment should not be placed,
stored, or maintained outside for a period in excess of 24 consecutive hours.
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.
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26. 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.
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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