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Home My WebLink About20031650 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1398 FOR A USE ALLOWED AS A USE BY RIGHT IN THE INDUSTRIAL ZONE DISTRICT (PARKING OF VEHICLES AND TRAILERS) IN THE A(AGRICULTURAL) ZONE DISTRICT - RODNEY AND SUSAN COLE 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 23rd day of July, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Rodney and Susan Cole,5506 Weld County Road 59,Keenesburg,Colorado 80643, for a Site Specific Development Plan and Use by Special Review Permit#1398 for a Use Allowed as a Use by Right in the Industrial Zone District (parking of vehicles and trailers) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot B of Recorded Exemption#3159;being part of the NW1/4 of Section 1, Township 1 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.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 ordinances in effect. A.Goal 7 states, "Protect agricultural land from encroachment by those urban uses which hinder the operational efficiency and productivity of the agricultural uses." The site currently consists of an existing residence and barn. The Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of neighboring agricultural uses. b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the A(Agricultural)Zone District. Section 23-3-40.6 of the Weld County Code provides for Agricultural Service establishments, primarily engaged in 2003-1650 PL1675 gyp: f /Fa-1 1t SPECIAL REVIEW PERMIT#1398 - RODNEY AND SUSAN COLE PAGE 2 performing agricultural,animal husbandry,or horticultural services on a fee or contract basis, as a Use by Special Review in the A (Agricultural)Zone District. The two trucks to be stored on site would be used to transport produce grown in Weld County. c. Section 23-2-230.6.3--The uses which will be permitted will be compatible with the existing surrounding land uses. Neighboring land uses consist of cropland, a single family residence located across Weld County Road 59, and a single family residence being constructed to the north of the site. The Conditions of Approval and Development Standards will effectively mitigate impacts to neighboring properties. The applicant is proposing in their application to plant Austrian pines and poplar trees to the west and south of their residence, barn, and parking area. 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 site is not located within an Urban Growth Boundary or Intergovernmental Agreement Area. The site is located within the three-mile referral area for the Town of Keenesburg, which indicated no conflicts with its interests in a referral response received August 22, 2002. e. Section 23-2-230.B.5--The application complies with Section 23-5 of the Weld County Code. The site does not lie within any Overlay Districts. 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. Section 22-2-60.A.1 states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture? This parcel is located on land designated as "Prime (Irrigated)" land according to the 1979 U.S.D.A. Soil Conservation Service Important Farmlands of Weld County Map. However,the site is small (five acres)and has an existing house and barn. The size of the lot makes agricultural production impractical on this property. 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 Rodney and Susan Cole for a Site Specific Development Plan and Use by Special Review Permit#1398 fora Use Allowed as a Use by Right in the Industrial 2003-1650 PL1675 SPECIAL REVIEW PERMIT#1398 - RODNEY AND SUSAN COLE PAGE 3 Zone District(parking of vehicles and trailers)in the A(Agricultural)Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be readyfor recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Weld County Board of Commissioners. 2. Prior to recording the plat: A. The applicant shall attempt to address the recommendations of the Southeast Weld Soil Conservation District in the referral received August 20, 2002. Written evidence of such shall be submitted to the Department of Planning Services. B. The plat shall be amended to delineate the following: 1) The plat shall be titled USR-1398. 2) Weld County Road 59 is designated on the Weld County Transportation Plan Map as a paved collector road,which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of Weld County Road 59 shall be delineated as right-of-way reservation on the plat for future expansion of Weld County Road 59. 3) Off-street parking spaces and access drives shall be delineated on the plat. 4) The proposed surface for the proposed parking lots and access drive (gravel, asphalt, concrete, or equivalent), as approved by the Department of Public Works, shall be indicated on the plat. 5) Stormwater retention facilities, as outlined in the Department of Public Works referral dated August 27, 2002, shall be indicated. 3. Upon completion of Conditions of Approval #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. 2003-1650 PL1675 SPECIAL REVIEW PERMIT#1398 - RODNEY AND SUSAN COLE PAGE 4 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 mapsaco.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. 6. In the event the existing barn is to be used for maintenance of the tractor trailers,the applicant shall address the requirements of the Weld County Department of Building Inspection as outlined in its referral received August 14, 2002. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 23rd day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: MkietAtiEXCUSED vid E. Lo , Ch Weld County Clerk to the Board �p( Robert D. Mas n, Pro-Tem BY: he Board EXCUSED M. J. Geile • Willia H. Jer e �qr �v- Glenn Vaad Date of signature: q'a © 3 2003-1650 PL1675 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS RODNEY AND SUSAN COLE USR#1398 1. The Site Specific Development Plan and Use by Special Review Permit#1398 is for a Use Allowed as a Use by Right in the Industrial Zone District(parking of vehicles and trailers)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. No outside repair or maintenance or oil changes shall be conducted,with the exception of routine maintenance. 4. The site shall be limited to the parking and storage of no more than two tractor trailer trucks. 5. Off-street parking spaces,including the access drive,shall be surfaced with gravel,asphalt, concrete, or equivalent, and shall be graded to prevent drainage problems. 6. Stormwater runoff shall be contained at the site and released at a historical rate. 7. All drainage(runoff)from the parking and storage area shall be prevented from running into the Loline Ditch. 8. 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. 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. 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust shall be controlled on this site. 11. 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. 12. Adequate hand washing and toilet facilities shall be provided. 13. A permanent,adequate water supply shall be provided for drinking and sanitary purposes. 14. 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. 2003-1650 PL1675 DEVELOPMENT STANDARDS - RODNEY AND SUSAN COLE (USR #1398) PAGE 2 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 17. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to Individual Sewage Disposal Systems. 18. 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. 19. 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. 20. 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 Weld County Board of Commissioners. 2003-1650 PL1675 Hello