HomeMy WebLinkAbout20030129.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1406 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR AN
ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (PARKING OF
COMMERCIAL TRUCKS AND EQUIPMENT) IN THE A(AGRICULTURAL) ZONE
DISTRICT - RONALD AND MICHELE SACK
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 29th day
of January, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Ronald and Michele Sack, 24545 Highway 52, Hudson, Colorado
80642, for a Site Specific Development Plan and Use by Special Review Permit#1406 for a
Business Permitted as a Use by Right or an Accessory Use in the Commercial Zone District
(parking of commercial trucks and equipment) in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Lot A of Recorded Exemption #3380; being part of
the SE1/4 of Section 6, Township 1 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing the applicant was not present, therefore, the Board deemed
it advisable to continue the matter to February 12, 2003, at 10:00, to allow input from the
applicant, and
WHEREAS, at said hearing on February 12, 2003, 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 22-2-150 B.1 (C.Goal 2) states, "ensure the compatibility of
2003-0129
PL1644
60 : J p L, /9/6P4-'P4- �� A/Lzi,/�
SPECIAL REVIEW PERMIT#1406 - RONALD AND MICHELE SACK
PAGE 2
commercial land uses with adjacent land uses." The Conditions of
Approval have been included to ensure the site does not have an adverse
impact on the surrounding properties.
b. Section 23-2-230.8.2 -- 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 business permitted as a Use by Right or an
Accessory Use in the Commercial 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. Surrounding
properties are agricultural in nature, with homes in close proximity to the
southwest. A Screening and Landscape Plan has been included as a
Condition of Approval. The Landscape Plan, along with the remaining
Conditions of Approval and Development Standards, should ensure the
impact to surrounding properties is minimal.
d. Section 23-2-230.8.4 --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 site lies within the three-mile referral
boundary of the Town of Hudson. In a referral response, dated
November 13, 2002, the Town indicated no conflict with its interests.
e. Section 23-3-230.B.5 --The site does not lie within any Overlay Districts.
f. Section 23-3-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is designated "Irrigated Land - Not Prime" by the
U.S.D.A. Soil Conservation Services. The small size of the site limits its
productive value further.
g. Section 23-3-230.6.7 --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 Ronald and Michele Sack for a Site Specific
Development Plan and Use by Special Review Permit#1406 for a Business Permitted as a Use
by Right or an Accessory Use in the Commercial Zone District (parking of commercial trucks
and equipment) in the A (Agricultural) Zone District on the parcel of land described above be,
and hereby is, granted subject to the following conditions:
2003-0129
PL1644
SPECIAL REVIEW PERMIT#1406 - RONALD AND MICHELE SACK
PAGE 3
1. Prior to recording the plat:
A. The plat shall be labeled USR-1406.
B. The plat shall be amended to include all requirements as listed in
Section 23-2-260.D of the Weld County Code.
C. The applicant shall submit a Screening/Landscape Plan to the Weld
County Department of Planning Services for review and approval. The
plan shall address the screening of the area proposed to store equipment
from surrounding properties and road rights-of-way.
D. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening/Landscape Plan.
E. 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.
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 maosaco.weld.co.us.
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.
2003-0129
PL1644
SPECIAL REVIEW PERMIT#1406 - RONALD AND MICHELE SACK
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of February, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUN , COLO DO
ATTEST: p / ' c. La
vi E. ng, Ch it
Weld County Clerk tot 1♦�
Robert D. sden, Pro-Tem
Deputy Clerk to the B I
t5� '
M. J. eil e 4(4024:4014,..4
A' • 'O ' AS . FO' :
Williarp H.�erkel I
� vounty Attorn:y44
Glenn Vaad
Date of signature: 3.
2003-0129
PL1644
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RONALD AND MICHELE SACK
USR#1406
1. The Site Specific Development Plan and Use by Special Review Permit is for a Business
Permitted as a Use by Right or an Accessory Use in the Commercial Zone District(parking
of commercial trucks and equipment) 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. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
9. If applicable,the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
11. Off-street parking spaces, including access drives, shall be surfaced with gravel, asphalt,
concrete, or the equivalent, and shall be graded to prevent drainage problems.
12. All storm water run-off occurring on the site shall be retained within the property boundaries
and channeled towards the pond area identified on the plat, as not to impact the adjacent
property owners.
13. Because of limitations listed on the existing access and well permits, the addition of
employees beyond those residing in the existing residence will constitute a substantial
change to Use by Special Review#1406. A new Use by Special Review Permit application
would be required.
2003-0129
PL1644
DEVELOPMENT STANDARDS - RONALD AND MICHELE SACK (USR#1406)
PAGE 2
14. No washing of commercial vehicles shall be allowed on the site.
15. The landscaping and screening on site shall be maintained in accordance with the
approved Landscape Plan.
16. All signage on site must maintain compliance with Section 134-90 of the Weld County
Code.
17. Business-related storage shall be limited to the equipment listed in the application
materials.
18. All work on equipment beyond minor repairs and upkeep shall be performed off-site.
19. When on-site, the business equipment shall be parked in the approved storage area.
20. 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.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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.
24. 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.
25. 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.
2003-0129
PL1644
Hello