HomeMy WebLinkAbout20030607.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1416 FOR A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (DISPLAY
FIREWORKS STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT -WILLIAM
AND ANN STONEBRAKER
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 2nd day of
April, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of William and Ann Stonebraker, 4502 Weld County Road 11, Erie, Colorado
80516, for a Site Specific Development Plan and Use by Special Review Permit#1416 for a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (display fireworks storage) in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Part of the NE1/4 of Section 28, Township 2 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Linn Leeburg, Leeburg and Associates,
707 Hawthorn Avenue, Suite 707, Boulder, Colorado 80304, 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 ordinances in effect.
Section 22-2-60.B.1 allows for commercial and industrial uses to locate in
the A (Agricultural)Zone District when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are
available. The Development Standards, Conditions of Approval, and
Operations Standards will effectively mitigate any adverse impacts to
surrounding areas.
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CO : 9 p L, /P,az ne≥. 2/,( )PL1653
SPECIAL REVIEW PERMIT#1416 - WILLIAM AND ANN STONEBRAKER
PAGE 2
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 of the Weld County
Code provides for Uses by Right, Accessory Uses, or Uses by Special
Review in the Commercial and Industrial Zone Districts 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. The site is located
adjacent to Interstate 76 (1-76) to the south and agricultural land to the
north, east and west. Existing single family residences are located
approximately one-half mile to the west and one-half mile to the north of
the site. The Development Standards, Conditions of Approval, and
Operations Standards will effectively mitigate any adverse impacts to
surrounding areas.
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 proposed Use by Special Review is not located within
an existing urban growth boundary/intergovernmental agreement area.
However, the proposed Use by Special Review is located within the
three-mile referral areas for the Towns of Hudson and Keenesburg. The
Town of Hudson, in its referral received January 9, 2003, and the Town of
Keenesburg, in its referral received January 24, 2003, indicated no
conflicts with their interests.
e. Section 23-2-230.B.5 — 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 Program, Area 4.
f. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This parcel is located on land designated as "Other" and
"High Potential Dry Crop" according to the 1979 U.S.D.A. Soil
Conservation Service Important Farmlands of Weld County Map. Only
thirteen (13) acres of the parcel will be designated under the Use by
Special Review Permit. The remainder of the parcel (approximately 145
acres)will remain available for agricultural purposes.
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.
2003-0607
PL1653
SPECIAL REVIEW PERMIT#1416 -WILLIAM AND ANN STONEBRAKER
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of William and Ann Stonebraker for a Site Specific
Development Plan and Use by Special Review Permit#1416 for a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (display fireworks
storage) 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 #1416.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan.
C. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Department of Public
Health and Environment. Written evidence of such shall be submitted to
the Department of Planning Services. 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).
D. The applicant shall submit a Screening Plan for review and approval by
the Department of Planning Services.
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 #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#1416 - WILLIAM AND ANN STONEBRAKER
PAGE 4
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 mapsco.weld.co.us.
4. Prior to operation:
A. The applicant shall address the requirements of the Department of
Building Inspection, as stated in its referral received January 23, 2003.
Evidence of such shall be submitted in writing to the Department of
Planning Services.
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 2nd day of April, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
1
ATTEST: �� L� d aJo
vi E. Lo g, Ch it I
Weld County Clerk to the <17-1{1re
bert D. Masden, Pro-Tern
BY:
Deputy Clerk to the Boar , ti EXCUSED
M. J. Geile
AP OV AS TO FO EXCUSED DAT OF SIGNING (AYE)
: hIJ &
rney
Date of signature: �9
2003-0607
PL1653
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLIAM AND ANN STONEBRAKER
USR#1416
1. The Site Specific Development Plan and Use by Special Review Permit is for a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (display fireworks storage) in the A (Agricultural) Zone District for a maximum of
thirteen (13) units, 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.
A. This Use by Special Review Permit shall expire if it is transferred to any party
that is not a future heir of the applicant.
3. A future access point is indicated on the plat. When this future access is developed, the
applicant shall provide a Weld County Access Information Sheet to the Department of
Public Works for review and approval of a safe and adequate access.
4. The access and circulation pattern shall be surfaced with gravel. The gravel shall
support semi-truck traffic and shall be graded to prevent drainage problems.
5. All corners and intersections shall have adequate turning radius' to accommodate large
trucks.
6. Any time that the gravel access road crosses a drainage pattern, the applicant shall
accommodate with a culvert crossing to provide an all-weather access to the facility.
7. The storage magazines, metal boxes, trailers, and the type four units should not block
the historical flow pattern. The historical flow pattern and run-off amounts will be
maintained in such a manner that will reasonably preserve the natural character of the
area and prevent property damage of the type generally attributed to the run-off rate and
velocity increases, diversions, concentration and/or unplanned ponding of stormwater
run-off.
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.
9. No permanent disposal of wastes shall be permitted at this site.
10. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
11. Fugitive dust shall be controlled on this site.
2003-0607
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DEVELOPMENT STANDARDS - WILLIAM AND ANN STONEBRAKER (USR#1416)
PAGE 2
12. The 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.
13. The applicant shall operate in accordance with the approved Waste Handling Plan.
14. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling.
15. 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 Program, Area 4.
16. Sources of light shall be shielded so that beams or rays of light will not shine directly
onto adjacent properties; neither the direct nor reflected light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets; and no
colored lights may be used which may be confused with, or construed as, traffic control
devices.
17. Screening on site shall be maintained in accordance with the approved Screening Plan.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
20. 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.
21. 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.
22. 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.
2003-0607
PL1653
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