HomeMy WebLinkAbout20031082.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1417 FOR A USE ALLOWED BY RIGHT IN THE C-3 (BUSINESS
COMMERCIAL) ZONE DISTRICT (EXCAVATION EQUIPMENT REPAIR SHOP AND
CONTRACTOR'S SHOP) IN THE A (AGRICULTURAL) ZONE DISTRICT - PETER
JACKSON
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 21st day of
May, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Peter Jackson, 307 48th Avenue, Greeley, Colorado 80634, for a Site Specific
Development Plan and Use by Special Review Permit #1417 for a Use Allowed by Right in the
C-3(Business Commercial)Zone District(excavation equipment repair shop and contractor's shop)
in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of Corrected Recorded Exemption#3245;being
part of the SW1/4 of Section 16, Township 6 North,
Range 66 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.B.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." This
site was previously permitted for an equipment sales and service
establishment. The Conditions of Approval, Development Standards, and
Operations Standards will effectively mitigate any adverse impacts to
surrounding areas.
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SPECIAL REVIEW PERMIT#1417 - PETER JACKSON
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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 any use permitted as a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a lot in an approved or recorded subdivision
plat or lots part of a map or plan filed prior to adoption of any regulations
controlling subdivisions, as a Use by Special Review in the A (Agricultural)
Zone District. Section 23-3-230.6.4 allows for a vehicle service and repair
establishment and Section 23-3-230.B.11 allows for a contractor's shop as
a use allowed by right in the C-3 (Commercial) 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 area is primarily
agricultural, with a few residences associated with the agricultural activities.
State Highway 392 is located in close proximity to the southern boundary of
the parcel. The existing 3,800-square-foot service and repair facility, and a
proposed 8,640-square-foot storage structure with an office, will comprise
approximately 3.263 acres. The Conditions of Approval and Development
Standards ensure that the proposal is consistent with surrounding land uses.
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. This
proposal does lie within the three-mile referral areas for the City of Greeley
and the Town of Eaton. The City of Greeley requested the use be fully
screened. The Town of Eaton reviewed the request and found no conflicts
with its interests.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
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 1.
f. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The property is Lot A of Corrected Recorded Exemption #3245 and is
considered prime agricultural land by the Important Farmlands of Weld
County Map, dated 1979. The applicant has proposed to place business
related buildings and land uses within a 3.2-acre building site. Further,
Section 22-2-60.1.1 of the Weld County Code indicates that eighty(80)acres
is considered the minimum lot size needed for a viable farming operation
and the subject property is 3.23 acres in size.
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SPECIAL REVIEW PERMIT#1417 - PETER JACKSON
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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 Peter Jackson for a Site Specific Development Plan and
Use by Special Review Permit#1417 for a Use Allowed by Right in the C-3(Business Commercial)
Zone District(excavation equipment repair shop and contractor's shop)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 applicant shall submit a letter to the Department of Planning Services
requesting the vacation of Use by Special Review Permit#853.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) All plats shall be labeled USR-1417.
3) The Use by Special Review Permit boundaries shall delineate
the 3.23 acres as indicated in the application materials.
4) All signage shall be indicated by location and size and shall adhere
to Section 23-4-100.C of the Weld County Code.
5) Lighting shall be indicated in accordance with Section 23-3-360.F of
the Weld County Code.
6) Six (6) parking spaces. Parking shall be screened from public
rights-of-way and adjacent properties, and shall meet the
requirements of Section 23-3-350.B of the Weld County Code.
7) The internal circulation shall be clearly indicated on the plat for truck
traffic accessing the site.
8) A trash collection area, in accordance with Section 23-3-350.H of the
Weld County Code. Additional landscaping shall be indicated near
the trash enclosure area.
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9) The outside storage area shall be clearly indicated and shall be
screened to meet the requirements of Section 23-3-250.A.9 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) The Landscape, Fencing, and Screening Plan shall meet the
requirements of Section 23-3-250.A.5 of the Weld County Code.
11) Weld County Road 29 is designated on the Weld County
Transportation Plan Map as a local gravel road which requires sixty
(60)feet of right-of-way at full build out. There is presently sixty(60)
feet of right-of-way. A total of thirty (30) feet from the centerline of
Weld County Road 29 shall be delineated as right-of-way on the plat.
12) The existing access to the property shall be delineated on the plat as
approved through Recorded Exemption #3245. It is approximately
400 feet north of the intersection of Weld County Road 29 and State
Highway 392.
13) The applicant shall delineate the off-street employee and equipment
parking areas adjacent to the existing and proposed buildings.
C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
D. The applicant shall contact the Colorado Department of Transportation
(CDOT)to determine the appropriate right-of-way at the south property line.
This right-of-way distance shall be delineated on the plat. Written
documentation shall be provided to the Weld County Department of Planning
Services indicating compliance with CDOT's requirements.
E. An approved access permit from CDOT shall be submitted to Weld County
Departments of Planning Services and Public Works.
F. Written evidence shall be submitted to Weld County Departments of
Planning Services and Public Works indicating CDOT has approved the
adequacy of the intersection to accommodate turning movements of large
construction trucks.
G. Written evidence from the Department of Public Works indicating that all
issues, as outlined in its referral dated January 27, 2003, have been
addressed and resolved to the satisfaction of the Department of Public
Works shall be submitted to the Department of Planning Services.
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SPECIAL REVIEW PERMIT#1417 - PETER JACKSON
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H. If applicable, the applicant shall apply for an Underground Injection Control
(UIC) Class V Injection Well Permit through the Environmental Protection
Agency (EPA), or provide evidence that the applicant is not subject to the
EPA Class V requirements. Written documentation shall be provided to the
Weld County Department of Planning Services indicating compliance with
the requirements.
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 submitted
to the Department of Planning Services indicating the plan has been
approved by the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. 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)
J. The septic system serving the home/office 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 the requirements of the Department of Public Health and
Environment.
K. In the event washing of vehicles will occur on the site, the applicant shall
ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles in accordance with the
Weld County Code, and the rules and regulations of the Water Quality
Control Commission and the Environmental Protection Agency. Written
documentation shall be provided to the Weld County Department of Planning
Services indicating compliance with the requirements of the Department of
Public Health and Environment and the Environmental Protection Agency.
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L. The applicant shall submit evidence to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment
that the above ground tanks are in compliance. 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.
M. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for parking and landscaping requirements. The agreement and form of
collateral shall be reviewed by County staff and accepted by the Board of
County Commissioners prior to recording the plat.
2. Prior to Release of Building Permits:
A. The Department of Building inspections states, "there are six inactive or
historical permits on record for this address. Four of the historical permits
pertain to a 15-foot by 70-foot mobile home and two historical permits
pertain to a 50-foot by 76-foot post and frame agricultural building with
electrical wiring installed and storage building." The following shall be
submitted to the Department of Building Inspection for their review and
approval:
1) A Building Permit shall be obtained prior to construction of the
proposed storage building and office with restroom. A Building
Permit shall be obtained for the change of use of the agricultural
building to a repair shop and storage building.
2) 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 and/or equipment. Unless
exempted from the provisions of the State Architect Practice Act, or
the State Engineering Practice Act, plans shall bear the wet stamp
of a Colorado registered architect or engineer. Two complete sets
of plans are required when applying for the Building Permit.
3) 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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SPECIAL REVIEW PERMIT#1417 - PETER JACKSON
PAGE 7
4) Each building will require an engineered foundation based on a site-
specific geo-technical report or an open hole inspection performed
by a Colorado licensed registered engineer. Engineered foundations
shall be designed by a Colorado licensed registered engineer.
5) The maintenance shop building will probably be classified as a type
S-3 repair garage. That portion of the building used as an office will
be classified as a type B occupancy. Fire resistance of walls and
openings,construction requirements,height and allowable areas will
be reviewed at the plan review. Set back and offset distances shall
be determined by Chapter 23 of the Weld County Code.
6) 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 23 of the Weld
County Code to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the
farthest projection from the building.
7) A complete set of building plans shall be submitted to the Eaton Fire
Protection District prior to building construction.
8) The applicant shall submit the required Building Permits for the
container structures located on site. At a minimum, these structures
shall be on a permanent foundation per the Weld County Code,
Chapters 23 and 29.
3. 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.
4. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County I.S.D.S. Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
5. Prior to operation:
A. Submit a Dust Abatement Plan to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
Evidence of approval shall be submitted to the Department of Planning
Services.
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SPECIAL REVIEW PERMIT#1417 - PETER JACKSON
PAGE 8
6. 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.
7. The Department of Planning Services respectively requests the surveyor provide a
digital copy of this Use by Special Review plat. 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 maps(a)co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of May, A.D., 2003.
BO D OF COUNTY COMMISSIONERS
WE OUN Y, COLORA
ATTEST: e�
Cx^a �;- D id . Lon , Chair
Weld County Clerk to th4 r ,\
f3 .A ~-./ Robert D. Ma en, Pro-Tern
BY:
Deputy Clerk to the Boar
M. J. ile >
AP D AS TO FO "C, /<1,
William H. Jerke
ty Aftorne
Glenn Vaad
eV%
Date of signature:
2003-1082
PL1665
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PETER JACKSON
USR #1417
1. The Site Specific Development Plan and Use by Special Review Permit is for a Use Allowed
by Right in the C-3(Business Commercial)Zone District(excavation equipment repair shop
and contractor's shop) 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,
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. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and 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.
7. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone 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 operate in accordance with the approved Waste Handling Plan.
12. Adequate toilet facilities shall be provided for employees and visitors.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
2003-1082
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DEVELOPMENT STANDARDS - PETER JACKSON (USR#1417)
PAGE 2
15. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
16. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to
the fee structure of the Weld County Impact Program, Area 1.
17. The landscape, fencing and screening on the site shall be maintained in accordance with
the approved Landscape Plan.
18. Hours of operation shall be 7:00 a.m. to 6:00 p.m., five days a week, Monday through
Friday, as stated in the application materials.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
21. 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.
22. 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.
23. 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.
2003-1082
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