HomeMy WebLinkAbout20032938.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1415 FOR A BUSINESS PERMITTED AS AN ACCESSORY USE IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (WOODWORKING BUSINESS)
IN THE A(AGRICULTURAL) ZONE DISTRICT - GENEVIEVE CLARK
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 26th day of
November,2003,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Genevieve Clark,23012 Weld County Road 3, Berthoud, Colorado 80513,for a
Site Specific Development Plan and Use by Special Review Permit#1415 fora Business Permitted
as an Accessory Use in the Commercial or Industrial Zone Districts(woodworking business)in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Parts of Sections 5 and 8, Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Bruce Clark, 23012 Weld County Road 3,
Berthoud, Colorado 80513, 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 ordinances in effect.
b. Section 23-2-230.6.2 --Theproposeduseisconsistentwiththeintentofthe
A(Agricultural)Zone District. Section 23-3-40.R of the Weld County Code
provides for a Business permitted as an Accessory Use in the Commercial
or Industrial Zone Districts (woodworking business) as a Use by Special
Review in the A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1415 - GENEVIEVE CLARK
PAGE 2
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding land uses are
predominantly agricultural in nature with associated rural residences. The
Conditions of Approval and Development Standards will ensure that the
proposal is consistent with surrounding land uses.
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 towns
of Johnstown and Berthoud did not return a referral response,and Larimer
County found no conflict with its interests.
e. Section 23-2-230.6.5—The application complies with Section 23-5,Article V,
of the Weld County Code. The site does not lie within any Overlay District.
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 Program,
Area 3.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve 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 Genevieve Clark for a Site Specific Development Plan and
Use by Special Review Permit #1415 for a Business Permitted as an Accessory Use in the
Commercial or Industrial Zone Districts(woodworking business)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 prepared in accordance with Section 23-2-260.D of the
Weld County Code.
B. All sheets of the plat shall be labeled USR-1415.
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C. The plat shall be amended to include the following:
1) Weld County Road 3 is designated on the Weld County
Transportation Plan Map 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 3 shall be delineated as right-of-way on the plat. This road is
maintained by Weld County.
2) The applicant shall indicate off street parking for visitors,parking for
employees, and loading and unloading areas, and designate with
arrows the traffic circulation pattern through the proposed Use by
Special Review.
3) The attached Development Standards.
D. If applicable, the applicant shall submit an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit Application to the Air Pollution Control
Division of the Colorado Department of Public Health and Environment for
emissions of criteria, and hazardous or odorous air pollutants.
E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment,with a copy provided to the Department of
Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
F. The applicant shall submit evidence that a basic level of protection against
destruction of life and property has been provided, and attempt to address
the requirements and concerns of the Berthoud Fire Protection District
regarding fire extinguishers,internal circulation,and a permit,as stated in the
referral response dated January 3, 2003. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
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G. The applicant shall submit a Landscape/Screening/Lighting/Security/Sign
Plan to the Department of Planning Services for review and approval. The
Plan shall indicate location,type and dimensions of all existing and proposed
signs, screening material, lighting fixtures, security measures,the location
and species of all plant material, a planting implementation schedule and
landscape maintenance/ replacement plan.
H. There are no current or historical building permits on record for this parcel.
The following shall be submitted to the Department of Building Inspection for
review and approval. Evidence of such shall be submitted to the Department
of Planning Services.
1) A building permit will be required for each building used in the
woodworking business. The permit application shall include a plot
plan showing distances between all buildings and from buildings to
property lines. A floor plan for buildings used in the woodworking
business listing and describing the equipment used and types of
wood finishing processes shall be submitted as well.
2) A plan review is required for each building. Two complete sets of
plans are required when applying for each permit.
3) Changes in the character or use of existing buildings shall conform
to the requirements of Section 3405 of the 1997 Uniform Building
Code. (Weld County Building Inspection)
2. The applicant shall submit two(2)paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services. Upon completion of the
review of the paper plat and submission of any required items 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
mapsna.co.weld.co.us.
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4. 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 26th day of November, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W EL OllITYeOLORADO
ATTEST: OtX
D vid E. Long, Chair
Weld County Clerk to Jr
f '`.O����
Robert D. sden, Pro-Tem
BY:
Deputy Clerk to the
. . eil
APP AS TO F '
� _ Willia . Jerke
C my Attorn y/
Glenn Vaad e
/
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GENEVIEVE CLARK
USR#1415
1. A Site Specific Development Plan and Use by Special Review Permit #1415 is for a
Business permitted as an Accessory Use in the Commercial or Industrial Zone Districts
(woodworking 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. 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. This 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.
8. The facility shall utilize the existing public water supply.
9. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling.
10. The applicant shall operate in accordance with the approved Waste Handling Plan.
11. Adequate toilet and hand washing facilities shall be provided for employees. The employees
shall be allowed to use the hand washing and toilet facilities located at the applicant's
residence.
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.
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DEVELOPMENT STANDARDS - GENEVIEVE CLARK (USR #1415)
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14. Building height shall be limited to the maximum height allowed per Table 5-B of the Uniform
Building Code (UBC). 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.
15. 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.
16. The hours of operation shall be daylight hours, and the maximum number of employees
shall be two (2).
17. All storage areas shall be screened.
18. 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 Program, Area #3.
19. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
20. There shall be no staging or parking of vehicles for the purpose of loading on Weld County
right-of-way. The applicant shall utilize on-site parking and loading areas.
21. The historical flow pattern and run-off amounts will be maintained 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 increase, diversions, concentration
and/or unplanned ponding of storm run-off.
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.
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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 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.
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