HomeMy WebLinkAbout20042955.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1474 FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE
IN THE COMMERCIAL ZONE DISTRICT (OFFICE AND STORAGE FOR A DAIRY
SUPPLY AND SERVICES BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT-
GARY AND CAROL VANDER WAL
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 27th 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 Gary and Carol Vander Wal, 7825 East Highway 34, Windsor, Colorado 80550,
for a Site Specific Development Plan and Use by Special Review Permit#1474 for a Use Permitted
as a Use by Right or Accessory Use in the Commercial Zone District(office and storage for a dairy
supply and services business) in the A(Agricultural)Zone District on the following described real
estate, to-wit:
Lot B of Recorded Exemption#2208;being part of the
SE1/4 of Section 9, Township 5 North, Range 64
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 Chapter22 and
any other applicable Code provisions or ordinance in effect. Section 22-2-60
(A.Goal 4) 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." Application materials indicate that
the site can support the proposed use. The Conditions of Approval and
Development Standards ensure that a reasonable attempt will be made to
be compatible with the region.
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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 for a business permitted as a Use by Right or Accessory Use
in the Commercial Zone District 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. The surrounding property to the
north, east, and west are primarily residential. The property to the south is
agricultural. The Conditions of Approval and Development Standards 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 Kersey. The
Town of Kersey reviewed the request and found no conflicts with its
interests.
e. Section 23-2-230.B.5—The site lies within the Flood Hazard District. The
applicants have applied fora Flood Hazard Development Permit(FHDP)for
the proposed shop. Any future buildings will require an Amendment to the
FHDP. Building Permits issued on the lot will be required to adhere to the fee
structure of County-Wide Road Impact Program.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The lot is too small to be a viable farming operation in accordance with
Section 22-2-60.1 of the Weld County Code.
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 Gary and Carol Vander Wal for a Site Specific
Development Plan and Use by Special Review Permit#1474 for a Use Permitted as a Use by Right
or Accessory Use in the Commercial Zone District (office and storage for a dairy supply and
services business)in theA(Agricultural)Zone District on the parcel of land described above be,and
hereby is, granted subject to the following conditions:
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SPECIAL REVIEW PERMIT#1474 - GARY AND CAROL VANDER WAL
PAGE 3
1. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1474.
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 388 is designated on the Weld County Roadway
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 388 shall be delineated on the plat as right-of-way reservation
for future expansion of Weld County Road 388.
4) This facility shall adhere to the number of on-site parking spaces in
Appendix 23-B of the Weld County Code. The total number of on-site
parking for this facility shall be seven (7) spaces. Further, the
applicant shall delineate curb stops for the parking spaces shown on
the plat.
5) The internal circulation within the site is unclear. Future drawings
shall delineate the proposed circulation pattern throughout the
property.
6) Any approved signs, if applicable.
7) A two-hundred (200) foot radius from any tank battery and
one-hundred-fifty (150) foot radius from any well head.
8) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
C. The applicant shall submit a Landscape/Screening Plan for review and
approval. The plan shall address the following:
1) Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent
trash from being scatted by wind or animals.
2) Section 23-3-360.F of the Weld County Code addresses the issue of
on-site lighting,including security lighting,if applicable. Said Section
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states, "any lighting ... 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...."
3) Any outside storage of vehicles or equipment shall be screened from
surrounding properties and adjacent rights-of-way.
4) The applicant shall demonstrate how the proposed and existing plant
material will be irrigated.
D. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required improvements. The agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat. The improvements agreement
will not be needed if the necessary improvements are done to the
satisfaction of the Departments of Public Works and Planning Services.
E. 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.
F. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed steel
building and shall be installed according to the Weld County Individual
Sewage Disposal (I.S.D.S.) Regulations.
B. The septicsystem(s)is/are required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
C. The installation of the septic system shall comply with the Weld County
I.S.D.S. Floodplain Policy.
3. Prior to issuance of Building Permits:
A. In the event that one(1)or more acres are disturbed during the construction
and development of this site, the applicant shall inquire with the Water
Quality Control Division (WQCD) of the Colorado Department of Public
Health and Environment if they are required to obtain a Stormwater
Discharge Permit. Alternately, the applicant can provide evidence from
WQCD that they are not subject to these requirements.
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4. 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.
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
maps(n�co.weld.co.us.
6. 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.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 27th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
��� WELD COUNTY, COLORADO
4�'v"���� EXCUSED
Robert D. Masden, Chair
Clerk to the Board
1861 t�
William H. J e, Pro-Tem
, r%Q '� �S�ty Clerk to the Board
M eile
APPROVED AST RM: O
Davi . Long
un torney
Glenn Vaad
Date of signature: ✓7
2004-2955
PL1746
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GARY AND CAROL VANDER WAL
USR #1474
1. A Site Specific Development Plan and Use by Special Review Permit#1474 is for a Use
Permitted as a Use by Right or Accessory Use in the Commercial Zone District(office and
storage for a dairy supply and services business) in the A (Agricultural) Zone District.
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. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
9. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
10. The facility shall utilize the existing public water supply(North Weld County Water District).
11. 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.
12. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. The operation shall comply with all applicable rules and regulations from the Weld County
Code,State of Colorado,Air Pollution Control Division and Water Quality Control Division,
Colorado Department of Labor and Employment,and the Environmental Protection Agency.
14. A plan review is required for each building for which a Building Permit is required.
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15. 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, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
16. Except for pole type structures, 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.
17. 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.
18. The historical flow patterns and run-off amounts will be maintained on the 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.
19. The off-street parking spaces, including the access drive, shall be surfaced with gravel or
the equivalent, and shall be graded to prevent drainage problems.
20. 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.
21. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
22. As indicated by the application, the number of employees for the office and storage for a
dairy supply and services business shall be limited to seven (7).
23. As indicated by the application materials, the hours of operation will be from 7:00 a.m. to
6:00 p.m., Monday through Friday, except in the case of an emergency.
24. If any work associated with this project requires the placement of dredged or fill material,and
any excavation associated with a dredged or fill project,either temporary or permanent,the
U.S. Army Corps of Engineers should be contacted.
25. Storage of all equipment shall be located inside the proposed building.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
29. 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.
30. 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.
31. 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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