HomeMy WebLinkAbout20011799.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1336 FOR A USE ALLOWED BY RIGHT IN THE 1-3 (INDUSTRIAL) ZONE
DISTRICT (REPAIR AND OUTDOOR STORAGE OF EQUIPMENT FOR THE
INSTALLATION OF UNDERGROUND FIBER-OPTIC LINES) IN THE A
(AGRICULTURAL) ZONE DISTRICT - MARK AND PHYLLIS VAN THUYNE
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 1st day of
August, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Mark and Phyllis Van Thuyne, 2505 Weld County Road 46, Berthoud,
Colorado 80513, for a Site Specific Development Plan and Use by Special Review Permit
#1336 for a Use Allowed by Right in the 1-3 (Industrial)Zone District (repair and outdoor storage
of equipment for the installation of underground fiber-optic lines) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Part of the SE1/4 of Section 9, Township 4 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 23-2-230.8 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 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 proposal will not be taking any prime farmground
out of production. The site currently consists of an existing residence
and outbuildings and a gravel lot area. The Conditions of Approval and
Development Standards ensure that there are adequate provisions for
the protection of neighboring agricultural uses.
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SPECIAL REVIEW PERMIT#1336 - MARK AND PHYLLIS VAN THUYNE
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.R of the Weld County
Code provides for uses by right in the 1-3 (Industrial) Zone District (repair
and outdoor storage) as a Use by Special Review in the A (Agricultural)
Zone District.
c. Section 23-2-230.B.3 --The uses which will be permitted will be
compatible with the existing surrounding land uses. Neighboring land
uses consist of cropland and single family residences located across
Weld County Road 46, one-quarter mile to the west and one-half mile to
the east. The Conditions of Approval and Development Standards
require the applicant to screen outdoor vehicle and equipment storage to
effectively mitigate impacts to neighboring properties.
d. Section 23-2-230.8.4—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 towns of Berthoud and
Johnstown. Berthoud indicated no conflicts with its interests in a referral
response received May 8, 2001. A referral was not received from the
Town of Johnstown.
e. Section 23-2-230.8.5—The application complies with Section 23-5 of the
Weld County Code. The site does not lie within any Overlay Districts.
f. Section 23-2-230.8.6 —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)" according to the 1979 U.S.D.A. Soil Conservation Service
Important Farmlands of Weld County Map. However, the site is small
(only three acres) and has an existing house, storage building and gravel
drive area that 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.
2001-1799
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SPECIAL REVIEW PERMIT#1336 - MARK AND PHYLLIS VAN THUYNE
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Mark and Phyllis Van Thuyne for a Site Specific
Development Plan and Use by Special Review Permit#1336 for a Use Allowed by Right in the
1-3 (Industrial) Zone District (repair and outdoor storage of equipment for the installation of
underground fiber-optic lines) 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.
2. Prior to recording the plat:
A. In the event the structure(s) is equipped with a floor drain, the applicant
must apply for an Underground Injection Control (UIC) Class V Injection
Well Permit through the Environmental Protection Agency (EPA), for the
floor drain system that serves the maintenance shop, or provide evidence
to the Department of Public Health and Environment that the applicant is
not subject to the EPA Class V requirements. Evidence of Department of
Public Health and Environment approval shall be submitted to the
Department of Planning Services.
B. An individual sewage disposal system is required for the proposed shop
and shall be designed by a Colorado Register Professional Engineer and
installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations.
C. The applicant shall submit a Waste Handling Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment for approval. Evidence of Department of Public Health
and Environment approval 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 the 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 the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number). The
applicant shall submit a Dust Abatement Plan to the
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SPECIAL REVIEW PERMIT#1336 - MARK AND PHYLLIS VAN THUYNE
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Environmental Health Services Division, Weld County Department
of Public Health and Environment for approval. Evidence of
Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services.
D. The applicant shall submit a Landscape and Screening Plan for approval
by the Department of Planning Services. The Landscape and Screening
Plan shall screen outdoor storage of business equipment and materials
from adjacent properties.
E. Proper Building Permits shall be submitted for the change of use for the
shop. Evidence of final inspection approval and/or a copy of a Certificate
of Occupancy from the Department of Building Inspection shall be
submitted to the Department of Planning Services.
F. The plat shall be amended to delineate the following:
1) Weld County Road 46 is designated on the Weld County
Transportation Plan Map as a local gravel road, which requires 60
feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 46 shall be delineated as right-of-way on the plat.
2) Off-street parking spaces and access drives shall be delineated
on the plat.
3) Off-street parking spaces and access drives shall be offset a
minimum of three feet from adjacent property lines.
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) The approved Landscape and Screening Plan.
3. The Use by Special Review activity shall not occur until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
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SPECIAL REVIEW PERMIT#1336 - MARK AND PHYLLIS VAN THUYNE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of August, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORADO
ATTEST: iatity �f j << 71 o cC✓
M. J. eile, Chai
Weld County Clerk to ;rr
4 lenn Vaaa, Pro-
BY:
Deputy Clerk to the Bo?`./J�i '� / `✓
WilF H. Jerke
APPR3DVE ORM:
avid E. Long •
Au't7Attorney V
obert D. asden
Date of signature: `y$ ,
Date of full execution:
2001-1799
PL1542
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARK AND PHYLLIS VAN THUYNE
USR#1336
1. The Site Specific Development Plan and Use by Special Review Permit#1336 is for a Use
Allowed by Right in the 1-3 (Industrial) Zone District (repair and outdoor storage of
equipment for the installation of underground fiber-optic lines) 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 for maintenance and cleaning of equipment shall be limited from
6:30 a.m. to 6:00 p.m., Monday through Saturday.
4. All repair and maintenance of vehicles and equipment shall be conducted within the shop.
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. 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.
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in Section 25-12-103 C.R.S.
10. Adequate hand washing and toilet facilities shall be provided for employees.
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations.
12. The facility shall utilize the existing public water supply (Little Thompson Water District).
13. Only vehicles used in the operation and personal vehicles may be washed at this facility.
Only vehicle exteriors shall be washed. There shall be no washing of motors or parts that
may be contaminated with oils,greases,solvents,gasoline,etc. All runoff from any vehicle
washing activity must be contained on the property and shall not be discharged to any
surface water.
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DEVELOPMENT STANDARDS - MARK AND PHYLLIS VAN THUYNE (USR#1336)
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14. If any equipment that is routinely stored at this location is used at a known environmentally-
contaminated site,the equipment shall be appropriately cleaned before returning to the site.
15. The number of trucks related to this operation shall be limited to eight.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
18. 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.
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 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.
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 Board of County Commissioners.
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