HomeMy WebLinkAbout20031258.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1419 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 (PARKING AND MAINTENANCE OF CARNIVAL EQUIPMENT) IN THE
A (AGRICULTURAL) ZONE DISTRICT - MELVIN AND JACKLYN SHUBERT
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 4th day of
June, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Melvin and Jacklyn Shubert, 15901 Weld County Road 5, Longmont, Colorado
80504, for a Site Specific Development Plan and Use by Special Review Permit#1419 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 (parking and maintenance of carnival equipment) in the A(Agricultural)
Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption #3461; being part of
the NE1/4 of Section 17, Township 3 North, Range
68 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-170.B (C.Goal 2) states, "Encourage the expansion and
diversification of the commercial economic base." Further,
Section 22-2-170.C.2(C.Policy 3.2) states, "New commercial development
should demonstrate compatibility with existing surrounding land use in terms
of general use, building height, scale, density, traffic, dust and noise." The
Development Standards,Conditions of Approval,and Operations Standards
will effectively mitigate any adverse impacts to surrounding areas.
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SPECIAL REVIEW PERMIT#1419 - MELVIN AND JACKLYN SHUBERT
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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 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 small
residential acreages, many with vehicles associated with employment by the
property owners. A Screening/Landscaping Plan will be required as a
Condition of Approval. Although the carnival equipment maintenance yard
has been operating from the site, no complaints have been received from
the surrounding property owners. The 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.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 site
lies within the three-mile referral boundary of the Town of Mead. In a
referral response dated January 31, 2003, the Town Board indicated it does
not object to this use, but requests that landscaping be required to screen
and buffer the facility. Because this property is outside of the Urban Growth
Boundary for the Town of Mead,the Weld Board of Commissioners declines
to refer this property for annexation at this time.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5 of the
Weld County Code. 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 prime agricultural land in the locational decision for the proposed
use. The site is designated "Prime" by the U.S.D.A. Soil Conservation
Services. The small size of the site limits its productive 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.
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SPECIAL REVIEW PERMIT#1419 - MELVIN AND JACKLYN SHUBERT
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Melvin and Jacklyn Shubert for a Site Specific
Development Plan and Use by Special Review Permit #1419 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
(parking and maintenance of carnival equipment) 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-1419.
B. The plat shall be amended to include all requirements as listed in
Section 23-2-260.D of the Weld County Code.
C. If applicable, 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 Health and Environment for emissions of criteria,
hazardous, or odorous air pollutants. Written documentation shall be
provided to the Weld County Department of Planning Services indicating
compliance with their requirements.
D. The septic system serving the home shall be reviewed by a Colorado
registered professional engineer. The review shall consist of observation of
the system and a technical review describing the system's ability to handle
the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be
inadequately sized or constructed the system shall be brought into
compliance with current regulations. Written documentation shall be
provided to the Weld County Department of Planning Services indicating
compliance with their requirements.
E. In accordance with the Underground and Above Ground Storage Tank
Regulations(7 CCR 1101-14)a spillage retention berm shall be constructed
around the tank battery. The volume retained by the spillage berm should
be greater than the volume of the largest tank inside the berm. Alternative
protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations. Written documentation shall be
provided to the Weld County Department of Planning Services indicating
compliance with their requirements.
F. In the event washing of vehicle(s) or carnival equipment will occur on site,
the applicant shall ensure that any washing area(s)shall capture all effluent
and prevent discharges from the washing of vehicles and carnival
equipment in accordance with the Weld County Code, the Rules and
Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Written documentation shall be provided
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SPECIAL REVIEW PERMIT#1419 - MELVIN AND JACKLYN SHUBERT
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to the Weld County Department of Planning Services indicating compliance
with their requirements.
G. 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. Written documentation shall be provided
to the Weld County Department of Planning Services indicating compliance
with their requirements. 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).
H. The applicant shall submit a Screening 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.
The applicant shall address the conditions and requirements of the Mountain
View Fire Protection District referral dated January 28, 2003, including a
graphic Final Site and Storage Plan, drawn to a scale of one inch equals 50
feet (1"=50'). Evidence of review and approval by the Mountain View Fire
Protection District shall be submitted to the Department of Planning
Services.
J. The applicant shall address the conditions and requirements of the Weld
County Sheriffs Office referral dated February 24, 2003. Evidence of
approval by the Weld County Sheriff's Office shall be submitted to the
Department of Planning Services.
K. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan.
3) All signs shall be indicated by location and size and shall adhere to
Sections 23-4-90.A and B of the Weld County Code.
4) Lighting shall be indicated in accordance with Section 23-3-360.F of
the Weld County Code.
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SPECIAL REVIEW PERMIT#1419 - MELVIN AND JACKLYN SHUBERT
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5) Five parking spaces shall be required for employees.
6) Parking of equipment associated with the carnival trade shall be
screened from public rights-of-way and adjacent properties, and
shall meet the requirements of Section 23-3-350.6 of the Weld
County Code.
7) The internal circulation shall be clearly indicated. The applicant
needs to identify on the plat the employee and equipment parking
with an adequate circulation to access equipment throughout the
site.
8) A trash collection area in accordance with Section 23-3-350.H of the
Weld County Code.
9) Adequate screening for parking and loading areas shall be clearly
indicated and shall meet the requirements of Section 23-3-320 of the
Weld County Code. Adequate screening of outside storage shall be
provided with solid board fencing spaced one-quarter inch, and a
minimum of six (6) feet in height, or an equivalent screening
provided that it is approved by the Department of Planning Services.
10) A total of 40 feet from the centerline of Weld County Road 5 shall be
delineated right-of-way on the plat. Weld County Road 5 is
designated on the Transportation Plan Map as a collector status
road, which requires an 80-foot right-of-way at full build out. There
is presently a 60-foot right-of-way.
L. 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 Release of Building Permits:
A. The Department of Building Inspection states, "There are four permits on
record for this parcel. Two electrical permits: one for an upgrade of the
electrical service to 200 Amps and the installation of a sub panel in a shop,
and one for an upgrade to a 200 Amp service in an existing metal building,
were permitted, inspected, and received final approvals. One building
permit to replace the existing heat system was permitted, inspected and
received final approval. The last permit, BC-9700827, was issued for the
purpose of adding an eight-foot by eight-foot bathroom and an outside
hydrant; however, no inspections were called for or conducted so this permit
was expired." The following shall be submitted to the Department of
Building Inspection for their review and approval:
1) A new building permit shall be obtained to inspect the work for which
BC-9700827 was issued.
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SPECIAL REVIEW PERMIT#1419 - MELVIN AND JACKLYN SHUBERT
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2) In order to ensure compliance with applicable codes, a Building
Permit shall be obtained for all existing structures unless evidence
can be submitted that a permit and all required inspections were
performed. Permit applications for existing structures 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.
3) A Plan Review is required for each building for which a Building
Permit is required. Plans for the maintenance shop shall include a
floor plan and a complete description of the extent of the work that
will be done to maintain vehicles. Two complete sets of plans are
required when applying for each permit.
4) 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: 1997 Uniform Building Code;
1998 International Mechanical Code; 1997 International Plumbing
Code; 2002 National Electrical Code, and Chapter 29 of the Weld
County Code.
5) Fire resistance of walls and openings, construction requirements,
height, and allowable areas will be reviewed at the Plan Review.
Setback and offset distances shall be determined by the Weld
County Code.
6) Building height shall be measured in accordance with the 1997
Uniform 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.
3. 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.
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SPECIAL REVIEW PERMIT#1419 - MELVIN AND JACKLYN SHUBERT
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4. 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(@co.weld.co.us.
5. 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 4th day of June, A.D., 2003.
BO OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST:gyp �� .;� '? EL a
vid E. Lon , Chair
Weld County Clerk tot B 4
i ♦ Robert D. asden, Pro-Tem
Deputy Clerk to the B<rrd"T
M. J(G_eile
R ED AS : vj % (7/•- t
William . Jerke
ounty ttorne ea.64
Glenn Vaad
(o
Date of signature: !8
2003-1258
PL1667
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MELVIN AND JACKLYN SHUBERT
USR#1419
1. A Site Specific Development Plan and Use by Special Review Permit#1419 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, (parking and maintenance of carnival equipment)
in the A (Agricultural) Zone District, provided that the property is not a lot in an approved
or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions.
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. Any vehicle or carnival equipment washing area(s) shall capture all effluent and prevent
discharges from washing of vehicles and carnival equipment in accordance with the Weld
County Code,the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
8. 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.
9. The facility shall utilize the existing public water supply.
10. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling.
11. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
12. The applicant shall operate in accordance with the approved Waste Handling Plan.
13. Adequate toilet facilities shall be provided for employees and visitors of the facility.
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DEVELOPMENT STANDARDS - MELVIN AND JACKLYN SHUBERT (USR#1419)
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14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
17. There is an existing access from Weld County Road 5 with an adequate turning radius and
sight distance. The applicant shall utilize this access, as no additional access will be
granted.
18. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt,
concrete, or the equivalent and shall be graded to prevent drainage problems.
19. Stormwater Drainage: 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
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.
20. Posted Bridge: Immediately south of the proposed Use by Special Review on Weld County
Road 5, Bridge 5/32A over the Highland Ditch is posted 19-30-30. The application
materials indicate the equipment will be about 30,000 GVW. The applicant shall utilize a
different haul route for heavy equipment to the site, and not abuse the restricted bridge
posting.
21. The landscaping and screening on site shall be maintained in accordance with the
approved Screening Plan.
22. All signage on site must maintain compliance with Section 13-4-90 of the Weld County
Code.
23. Business-related storage shall be limited to the equipment listed in the application
materials.
24. All work on equipment, beyond minor repairs and upkeep, shall be performed off-site.
25. When on-site, business equipment shall be parked in the approved storage area.
26. 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.
27. Fire apparatus access must be provided so that fire apparatus may reach within one
hundred fifty (150) feet of all portions of the storage. Access roads must be provided with
provisions for the turning around of fire apparatus if any road is in excess of one hundred
fifty (150) feet in length.
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28. Protection from fire migration from exposure to exposure must be considered in this type
of situation. For this reason, adequate measures must be taken to properly separate
storage and reduce an exposure problem. A minimum separation of five feet will need to
be provided between each of the pieces of equipment.
29. Control of potential ignition sources must be considered. It is important that the entire
storage site be kept free from accumulation of unnecessary weeds and brush, and
vegetation must be kept cut low. Procedures must be provided for weed control and
periodic cleanup of the storage area.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
32. 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.
33. 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.
34. 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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