HomeMy WebLinkAbout20033296 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1432 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR
ACCESSORY USE IN THE INDUSTRIAL ZONE DISTRICT (PARKING OF COMPANY
VEHICLES AND EQUIPMENT) IN THE A(AGRICULTURAL)ZONE DISTRICT - MARK
AND KRISTI WEIMER
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 31st day of
December,2003,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Mark and Kristi Weimer,27725 Weld County Road 66,Gill,Colorado 80624-9519,
for a Site Specific Development Plan and Use by Special Review Permit#1432 for a Business
Permitted as a Use by Right or Accessory Use in the Industrial Zone District(Parking of Company
Vehicles and Equipment)in the A(Agricultural)Zone District on the following described real estate,
to-wit:
Lot A of Recorded Exemption#2612;being part of the
SE1/4 of Section 22, Township 6 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 23-2-230.8 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.
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 business permitted as a Use by Right or an Accessory Use in
the Industrial Zone District(parking of company vehicles and equipment)in
the A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1432 - MARK AND KRISTI WEIMER
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c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
primarily residential. There are two dairyfarms located within one mile of the
site, which are permitted under Use by Special Review Permits #1340
and#820. Proposed landscaping shall mitigate the impact to the neighboring
properties. With one company truck and five company trailers utilizing Weld
County Road 66 from this location,the applicant has indicated the intent to
mitigate any potential impacts on the community as a result of the proposed
use by spraying magnesium chloride (dust guard), annually, on
approximately 500 to 600 feet of that portion of Weld County Road 66 west
of the applicant's entry to their property and on the site.
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 does not lie within a three-mile referral area for any municipality,
therefore, it is not impacted by any adopted Master Plans of affected
municipalities.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
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
Fee 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 U.S.D.A. Soils Maps indicate that the soils on this property are
designated as Irrigated Land (not prime).
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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Mark and Kristi Weimer for a Site Specific Development
Plan and Use by Special Review Permit #1432 for a Business Permitted as a Use by Right or
Accessory Use in the Industrial Zone District(Parking of Company Vehicles 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:
1. Prior to recording the plat:
A. The plat shall be labeled USR-1432.
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SPECIAL REVIEW PERMIT#1432 - MARK AND KRISTI WEIMER
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B. The septic system serving the house 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. Evidence of approval by the
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
C. The applicant shall submit evidence to the Department of Planning Services,
for the Colorado Division of Water Resources, demonstrating that the well
is appropriately permitted for the use.
D. A plot plan shall be submitted showing all structures with accurate distances
between structures, and from structures to all property lines.
E. The applicant shall submit a Landscape and Screening Plan that addresses
the concerns listed in the referral received from the Department of Planning
Services dated July 11, 2003.
F. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all transportation (access drive, parking areas, etcetera) and non-
transportation items (plant materials, fencing, screening, etcetera). The
agreement and form of collateral shall be reviewed by County staff and
accepted by the Board of County Commissioners prior to recording the Use
by Special Review plat.
G. 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.
H. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) 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.
3) Weld County Road 66 is designated on the Road Capital
Improvement Plan in the County-Wide Impact Fee Code Ordinance,
Section 20-1-30, as a local gravel road, which requires a 60-foot
right-of-way at full build out. There is presentlya 60-foot right-of-way.
This road is maintained by Weld County. A total of 30 feet from the
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SPECIAL REVIEW PERMIT #1432 - MARK AND KRISTI WEIMER
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centerline of Weld County Road 66 shall be delineated as right-of-
way on the plat. In 1997,the Average Daily Trips for this location was
106 vehicles.
4) Approved Landscape and Screening Plan.
2. The applicant shall submit two (2)paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services.
3. Upon completion of Conditions#1 and#2 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.
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
maosCa)co.weld.co.us.
5. Prior to the release of any Building Permits:
A. A Building Permit shall be obtained prior to the construction of the
storage/shop building. A plot plan shall be submitted showing all structures
with accurate distances between structures and from structures to all
property lines.
B. A plan review is required for the storage/shop building. Plans for the shop
shall include a floor plan and a complete description of the extent of the work
that will be done to service or repair vehicles. An engineered foundation,
based on a site-specific geotechnical report or an open hole inspection
performed bya Colorado registered engineer,is required. Unless exempted
by State Law, plans for the building shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required
when applying for each permit.
C. Buildings shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by
Weld County: 1997 Uniform Building Code (UBC); 1998 International
Mechanical Code (IMC); 1997 International Plumbing Code (IPC); 2002
National Electrical Code (NEC), and Chapter 29 of the Weld County Code.
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D. The shop building will probably be classified as a type S-3 repair garage.
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 Chapter 23 of the Weld County Code.
E. Building height shall be measured in accordance with the 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 Chapter23 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.
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 31st day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
Vk ir UNTY COLORADO
ATTEST: a`
Weld County Clerk = h> . : � d . Lo
O.ait;11
"' Robert . Masden, Pro-Tem
BY: ^ r.
Deputy Clerk to th
M. J. Geile
APP AS T
/ William H. J rke
ufi1 orn �
Glenn Vaaa
Date of signature: �1ao
2003-3296
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARK AND KRISTI WEIMER
USR#1432
1. Site Specific Development Plan and Use by Special Review Permit#1432 is fora Business
Permitted as a Use by Right or Accessory Use in the Industrial Zone District (parking of
company vehicles and equipment) 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. Hours of operation shall be from 6:00 a.m.to 6:00 p.m.,Monday through Friday,as indicated
in the application materials. No operations shall take place on holidays.
4. There shall be no more than one(1)company truck and/or five(5)company-owned trailers
parked on the property at any given time.
5. The applicant shall park commercial vehicles no closer than 50 feet from the western
property line.
6. No outside employees are permitted.
7. In an attempt to mitigate any potential impacts on the community as a result of the proposed
use,the applicant will spray magnesium chloride (dust guard),annually,on approximately
500 to 600 feet of that portion of Weld County Road 66 west of the applicant's entry to their
property and on the site.
8. Landscaping materials as indicated in the approved Landscape and Screening Plan shall
be maintained at all times. Dead or diseased plant materials shall be replaced with
materials of similar quantity and quality at the earliest possible time.
9. 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.
10. 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.
11. No storage or warehousing of products or freight shall be permitted on the property.
12. 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.
13. No permanent disposal of wastes shall be permitted at this time. 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.
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14. 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.
15. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Weld County Code,the Rules and Regulations
of the Water Quality Control Commission, and the Environmental Protection Agency.
16. Fugitive dust and fugitive particulate emissions shall be controlled in this site.
17. 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.
18. Adequate hand washing and toilet facilities shall be provided for employees. The employees
shall be allowed to use the restroom facilities located at the applicants' residence.
19. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
20. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
21. No on-site disposal of produce of any type shall be permitted at anytime. Produce shall be
handled and stored at the facility in such a manner so that no nuisance is created by odor,
blowing of debris, fugitive dust, or spoiled produce on or around the facility.
22. 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.
23. A Building Permit shall be obtained prior to the construction of the storage/shop building. A
plot plan shall be submitted showing all structures with accurate distances between
structures, and from structures to all property lines.
24. The applicant shall contact the Department of Building Inspection prior to construction for
appropriate Building Permits that may be required for all future construction associated with
this facility.
25. A plan review is required for the storage/shop building. Plans for the shop shall include a
floor plan and a complete description of the extent of the work that will be done to service or
repair vehicles. An engineered foundation,based on a site-specific geotechnical report or
an open hole inspection performed by a Colorado registered engineer,is required. Unless
exempted by State Law, plans for the building shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for
each permit.
26. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 1997 Uniform
Building Code (UBC); 1998 International Mechanical Code (IMC); 1997 International
Plumbing Code (IPC); 2002 National Electrical Code (NEC), and Chapter 29 of the Weld
County Code.
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27. The shop building will probably be classified as a type S-3 repair garage. 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 Chapter 23 of
the Weld County Code.
28. Building height shall be measured in accordance with the 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.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
31. Personnel from 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.
32. 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.
33. 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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