HomeMy WebLinkAbout20042190 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1028 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 (INDOOR STORAGE FOR RECREATIONAL
VEHICLES AND A CONSTRUCTION COMPANY) IN THE A(AGRICULTURAL)ZONE
DISTRICT -VICTOR AND MARTIEL VONFELDT
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 25th day of
August,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Victor and Martiel VonFeldt, 34030 Weld County Road 47, Eaton, Colorado
80615-9304,for a Site Specific Development Plan and Amended Use by Special Review Permit
#1028 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(indoor storage for recreational vehicles and a construction
company) in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption#706;being part of the
SW1/4 of Section 12, Township 6 North, Range 65
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 23-2-230.6 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 4)states,"Conservation 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 development is
considered a nonurban commercial use which is serviced by the North Weld
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AMENDED SPECIAL REVIEW PERMIT#1028 -VICTOR AND MARTIEL VONFELDT
PAGE 2
County Water District and a septic system. Use by Special Review#1028
was allowed for the operation of the construction company. The expansion
of indoor storage for recreational vehicles is primarily a seasonal activity that
generates limited vehicle trips and will be compatible with the region.
b. Section 23-2-230.B.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,or a Use
by Special Review in the Commercial or Industrial Zone Districts, (indoor
storage for recreational vehicles and a construction company) 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 east
is primarily agricultural. The surrounding properties to the north,south,and
west are residential. The Development Standards and Conditions of
Approval will ensure compatibility with adjacent properties.
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 subject
property does not lie within the three-mile referral area of any municipalities.
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 the 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 proposed uses will only be on 21 acres,which have already been
developed, substantially limiting its agricultural value.
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 Victor and Martiel VonFeldt for a Site Specific Development
Plan and Amended Use by Special Review Permit#1028 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
(indoor storage for recreational vehicles and a construction company)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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AMENDED SPECIAL REVIEW PERMIT#1028 - VICTOR AND MARTIEL VONFELDT
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1. Prior to recording the plat:
A. The plat shall be labeled AmUSR-1028.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
3) Any approved signage.
4) Weld County Roads 47 and 70 are both designated on the Road
Capital Improvement Plan in the County-Wide Impact Fee Code
Ordinance, Section 20-1-30, as local gravel roads, which require
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 70 shall be delineated as right-of-way on the plat. These roads
are maintained by Weld County.
5) The applicant shall delineate a minimum of one hundred (100)feet
between the row of RV storage structures for the circulation of the
RV's to negotiate an adequate turning radius into the proposed
structures. The applicant shall submit written evidence to the
Department of Planning Services that they have met the Department
of Public Works' requirements.
6) The applicant identified that the existing field access north of the
existing building will be utilized. The access shall be wide enough to
accommodate two-way traffic, with adequate turning radiuses to
Weld County Road 47. The applicant shall submit written evidence
to the Department of Planning Services that they have met the
Department of Public Works' requirements.
7) A total of 75 feet from the centerline of the Greeley Number 2 Ditch
shall be delineated as an easement on the plat.
8) The applicant shall reserve an additional 40 feet of right-of-way for the
future expansion of Weld County Road 47.
C. The applicant shall submit a Landscape/Screening Plan for review and
approval, which includes the following information:
1) The applicant shall demonstrate how the proposed and existing plant
material will be irrigated.
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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 trash collection that is
sufficiently 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.
D. The applicant shall delineate sufficient, screened, off-street paved parking
areas. One off-street loading space is required for a facility of this size. All
parking and loading areas shall be screened from adjacent properties and
road rights-of-way.
E. 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 Amended Use by Special Review plat.
F. 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 twenty (20) 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. Further, the applicant shall
delineate curb stops for the parking spaces shown on the Amended Use by
Special Review plat.
G. The applicant shall address and adhere to the Americans with Disabilities
Act and ADA standards for this facility at all times. Non-
ambulatory/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
outline how their proposed site design mitigates the requirements of the
Americans with Disabilities Act.
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H. Written evidence from the Department of Building Inspection indicating all
Building Inspection requirements have been completed, as stated in the
referral received September 11,2003,shall be submitted to the Department
of Planning Services.
The internal circulation within the site is unclear. Future drawings shall
delineate the proposed circulation pattern.
J. The applicant shall contact the Department of Public Works to verify a safe
and adequate access for this facility.
K. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
L. The applicant shall provide the Department of Planning Services with a
recorded copy of the easement agreement between the applicant and the
North Side Lateral Company.
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 Amended 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 mapsco.weld.co.us.
4. Prior to issuance of the Certificate of Occupancy:
A. The applicant shall provide dust suppressant chemicals (magnesium
chloride or calcium chloride)on Weld County Road 47 on both sides of the
intersection and in front of the residence for approximately 300 feet. The
chemical shall be applied no less than twice a year, or as needed and/or
directed by the Weld County Department of Public Works.
5. The Amended Use by Special Review activity shall not occur,nor shall any Building
or Electrical Permits be issued, until the Amended Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
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AMENDED SPECIAL REVIEW PERMIT#1028 -VICTOR AND MARTIEL VONFELDT
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 25th day of August, A.D., 2004.
Mi21/1112BOARD OF COUNTY COMMISSIONERS
WE COLORADO
ATTEST: \JnVQ
Robert D. Masden, Chair
Clerk to the Board
l
William H. J e, Pro-Tem
erk to the Board
°U N � I . J. e
•
EP AST• •R .
David E. Long
ty Atto EXCUSED
Glenn Vaad
Date of signature: Az5 -
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VICTOR AND MARTIEL VONFELDT
AMUSR#1028
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1028 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 (indoor storage for recreational vehicles and a
construction company)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. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
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. The facility shall utilize the existing public water supply(North Weld County Water District).
9. The restroom facilities in the residence shall be made available to employees and patrons
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. A Building Permit shall be required for the change of use of any existing building into a
commercial building. Separate Building Permits shall be required for all new buildings.
Permit applications shall include all uses to which the buildings are,or will be, used. A plot
plan shall be submitted showing all structures with accurate distances between structures,
and from structures to all property lines.
12. A plan review is required for each building for which a Building Permit is required.
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DEVELOPMENT STANDARDS - VICTOR AND MARTIEL VONFELDT (USR#1028)
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13. 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.
14. 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 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.
15. 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.
16. The access drive, including the approach to the storage units, shall consist of four inches
of adequate road base or recycled asphalt. These areas shall be graded and drained to
prevent erosion or flooding.
17. 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.
18. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
19. 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.
20. As indicated by the applicant, the hours of operation for the construction company will be
from 7:00 a.m.to 5:30 p.m., Monday through Friday;the recreational vehicle(RV)storage
facility will be open twenty four (24) hours a day, seven (7) days a week.
21. As indicated by the applicant, the number of employees for the RV storage and construction
company shall be limited to two (2).
22. Construction activities shall take place within proposed or future buildings on the site.
23. The Amended Use by Special Review is not intended to expand or diminish the rights of the
mineral owners to develop the mineral estate.
24. Stock piles of scrap building materials shall be visually screened from the view of adjacent
properties and road rights-of-way.
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25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
27. 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.
28. The Amended 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.
29. 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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