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HomeMy WebLinkAbout20010317.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1309 FOR AN ELECTRICAL CONTRACTORS BUSINESS IN THE A (AGRICULTURAL) ZONE DISTRICT - GEORGE WALCK 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 February, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of George Walck, 7240 Weld County Road 1, Longmont, Colorado 80504, for a Site Specific Development Plan and Use by Special Review Permit#1309 for an Electrical Contractors Business in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SW 1/4 of the SW 1/4 of Section 30, Township 2 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 23-2-230.6 of the Weld County Code as follows: a. Section 23-2-230.6.1 —The proposal is consistent with Chapter 22 of the Weld County Code. In accordance with Section 22-2-20.A.1, the U.S.D.A. Soils Maps indicate that the soils on this property are designated "Prime" lands. However, no "Prime" farmland will be taken out of production as the parcel is only 5 acres in size, which is not conducive to farming. b. Section 23-2-230.B.2—The proposal is consistent with the intent of the A (Agricultural) Zone District in which the use is located. Section 23-3-40.R of the Weld County Zoning Ordinance provides for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the 7 nn N_ 1 an 2001 1471 Nl� Jl PL1475 SPECIAL REVIEW PERMIT#1309 - GEORGE WALCK PAGE 2 Commercial or Industrial Zone Districts as a Use by Special Review in the A (Agricultural) Zone District. c. Section 23-2-230.B.3 —The use which will be permitted will be compatible with the existing surrounding land uses. Uses within the surrounding area are rural residential and dryland pasture. The Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated. 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 the Comprehensive Plan or Master Plan of affected municipalities. The site does not lie within the Urban Growth Boundary of any municipality. The City of Longmont and Town of Frederick have no objection to this request. e. Section 23-2-230.B.5 —This proposal does not lie within any Overlay Districts. 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 U.S.D.A. Soils Map indicates that the soils on the property are designated "Prime." As mentioned previously, the property is only 5 acres in size, so no "Prime" agricultural land will be taken out of production. g. Section 23-2-230.B.7—The Design Standards (Section 23-3-240, 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 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 George Walck for a Site Specific Development Plan and Use by Special Review Permit#1309 for an Electrical Contractors Business in the A (Agricultural) Zone District on the hereinabove described parcel of land 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 ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. 2001-0317 PL1475 SPECIAL REVIEW PERMIT#1309 - GEORGE WALCK PAGE 3 2. Prior to recording the plat: A. The existing septic system 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 must be brought into compliance with current regulations. Evidence of approval shall be submitted to the Weld County Department of Planning Services. B. The existing landscaping shall be indicated on the plat. A plan shall be submitted which addresses maintenance of the landscaping materials and potential replacement of dying materials. C. The applicant shall delineate an access that is of sufficient width to accommodate two-way traffic on the plat. D. Any existing buildings that change uses will require review and permits. Building (Demo) permits are required to demolish buildings. Evidence of approval of the change in use for the existing building shall be submitted to the Weld County Department of Planning Services. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO lE Le ATTEST: fa ����. �� ?J. áe,&4V Weld County Clerk to th EXCUSED DATE OF SIGNING (AYE) % ' Glenn Vaad, Pro-Tem BY: Deputy Clerk to the Boar. Jerke O0 OV AST RM: c A1, cC\i vid E. Long ounty Attorney u` , '�� Robert D. Masden 2001-0317 PL1475 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GEORGE WALCK USR#1309 1. The Site Specific Development Plan and Use by Special Use Permit is for a use permitted as a Use by Right in the Commercial Zone District (Electrical Contractors Business) 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 Article VIII 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, 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. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. 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. 7. Adequate toilet facilities shall be provided for the employees. 8. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner, pursuant to Section 25-8-205.5 of the Colorado Water Quality Control Act and Rules and Regulations. 9. No hazardous materials or flammable/combustible liquids in excess of 10 gallons shall be used or stored within any of the buildings. If flammable/combustible liquid tanks are installed on the property, they must be installed in accordance with the Uniform Fire Code. Any new/future construction will need to have approval of the Mountain View Fire Protection District before building permits are issued. 10. The facility shall utilize the existing public water supply, Left Hand Water District. 11. Hours of operation shall be from 7:00 a.m. to 5:00 p.m., Monday through Friday. 12. The landscaping on site shall be maintained in accordance with the approved Landscaping Plan. 13. There shall be no parking or staging of vehicles along Weld County Road 1. All parking, loading and off-loading shall be on-site. 14. Outside storage shall be screened from adjacent properties and rights-of-way. 2001-0317 PL1475 DEVELOPMENT STANDARDS - GEORGE WALCK (USR#1309) PAGE 2 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 17. Personnel from the Weld County Departments of Public Health and Environment and Planning Services 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. 18. 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. 19. 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. 2001-0317 PL1475 Hello