HomeMy WebLinkAbout20012374 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1332 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR AN
ACCESSORY USE IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(PARKING OF VEHICLES AND EQUIPMENT AND REPAIR SHOP) IN THE
A(AGRICULTURAL) ZONE DISTRICT - PHILIP AND BONNIE JOHNSON
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 12th day
of September, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Philip and Bonnie Johnson, 5019 Weld County Road 35, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit
#1332 for a Business permitted as a Use by Right or an Accessory Use in the Commercial or
Industrial Zone Districts (parking of vehicles and equipment and repair shop) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption #1949; being part of
the SE1/4 of Section 2, Township 1 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.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. Section
22-2-60.A.1 (A.Goal 1) states, "Preserve prime farmland for agricultural
purposes which foster the economic health and continuance of
agriculture." The proposed site is designated "Prime if Irrigated" and
"Other" by the U.S.D.A. Soil Conservation Services. No prime farm
ground will be taken out of production.
AP/
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SPECIAL REVIEW PERMIT#1332 - PHILIP AND BONNIE JOHNSON
PAGE 2
b. Section 23-2-230.6.2 --The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-320 of the Weld County
Code provides for parking areas or structures permitted as a Use by
Right or Accessory Use in the Commercial or Industrial Zone District as a
Use by Special Review in the A (Agricultural) Zone District. Section 23-3-
320.C.3 allows for parking areas or structures for vehicles or equipment.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed
parking area and access have been located with consideration to
adjacent homes. Further, the Conditions of Approval and Development
Standards will ensure that any incompatibilities will be mitigated.
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. The site lies within the City of Fort Lupton three-
mile referral area. The City of Fort Lupton indicated no conflict with its
interests.
e. Section 23-2-230.6.5 --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. The proposed site is designated "Prime if Irrigated" and
"Other" by the U.S.D.A. Soil Conservation Services. No prime farm
ground will be taken out of production.
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 Philip and Bonnie Johnson for a Site Specific
Development Plan and Use by Special Review Permit#1332 for a Business permitted as a Use
by Right or an Accessory Use in the Commercial or Industrial Zone Districts (parking of vehicles
and equipment and repair shop) 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
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SPECIAL REVIEW PERMIT#1332 - PHILIP AND BONNIE JOHNSON
PAGE 3
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. The applicant shall apply for an Underground Injection Control (UIC)
Class V Injection Well permit through the Environmental Protection
Agency (EPA), for the floor drainage system that serves the maintenance
shop, or provide evidence to the Department of Planning Services that
the applicant is not subject to the EPA Class V requirements.
B. The existing septic system serving the residence 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. Evidence of approval
shall be submitted to the Weld County Department of Planning Services.
C. The applicant shall apply for a permit from the State Engineers Office for
the existing domestic well to ensure that it is registered for both
commercial and residential uses, and shall submit evidence to the
Department of Planning Services that a well permit has been obtained
through the State Engineer's Office, which includes the residential and
commercial use.
D. 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. Evidence of approval shall be
submitted to the Weld County 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).
E. The applicant shall contact the Natural Resources Conservation Service
(NRCS)for assistance with the proposed Landscaping Plan, specific to
native tree and grass species for on-site wind protection, soil erosion and
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SPECIAL REVIEW PERMIT#1332 - PHILIP AND BONNIE JOHNSON
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buffering. The applicant shall submit a revised landscape and buffering
plan in accordance with the NRCS recommendations to the Department
of Planning Services for review and approval.
F. A detailed Landscaping Plan identifying the number, size and species of
landscaping materials/buffering materials, shall be submitted to the Weld
County Department of Planning Services for review and approval. The
plan shall address parking areas not adequately screened from adjacent
properties and rights-of way. The plan shall also address maintenance of
the landscaping materials and potential replacement of dying materials.
The approved plan shall be delineated on the plat map.
G. The applicant shall contact the Weld County Vegetation Weed
Management Specialist with the Weld County Department of Public
Works at (970) 356-4000, Extension 3770, to develop a Weed
Management Plan. The applicant shall submit evidence to the
Department of Planning Services that an approved Weed Management
Plan is in place.
H. The plat shall be amended to include:
1. Weld County Road 35 is designated on the Weld County
Transportation Plan Map as a local paved 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 35 shall be delineated as right-of-
way on the plat. Weld County Road 35 was upgraded and paved
through an Improvement District with Buffalo Ridge Subdivision
and the County in 2000. This road is maintained by Weld County.
2. Weld County Road 12 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 12 shall be delineated as right-of-
way on the plat. This road is maintained by Weld County.
3. A detailed drawing of the shop area delineating the employee
parking and the tractor trailer parking with the circulation pattern
to accommodate all vehicles utilizing the shop area. Evidence of
Department of Public Works approval shall be submitted to the
Department of Planning Services.
3. Prior to construction:
A. All required building permit applications will be submitted to the Weld
County Department of Building Inspection for review and approval.
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SPECIAL REVIEW PERMIT #1332 - PHILIP AND BONNIE JOHNSON
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4. 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 12th day of September, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
���� /WIELD CO NTY, COLORADO
ATTEST: Mild
' ,I•_�` /11 /i a
'��' ` � '�� . Geile, Chair
Weld County Clerk to the B j;d •
1861
G� Q f enn Vaad,Pro-
BY: lo.�liL/�aa. To � �
; , u r • 1�
Deputy Clerk to the Boa - ,.ti
Will Jerke
AP OV D AS T F M: ;Ad all
David ong,,\
yk C ntorn,y ]�U+
Robert D. asden
Date of signature: /
2001-2374
PL1547
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PHILIP AND BONNIE JOHNSON
USR#1332
1. A Site Specific Development Plan and Use by Special Review Permit #1322 is for a
Business allowed as a Use by Right or Accessory Use in the Commercial or Industrial Zone
District (parking of vehicles and equipment and repair 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,
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.
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. Fugitive dust shall be controlled on this site.
7. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
8. Adequate toilet and hand washing facilities shall be provided for employees.
9. A Weld County Individual Sewage Disposal System (I.S.D.S.) is required for the proposed
shop restroom. The septic system shall be installed according to the Weld County I.S.D.S.
Regulations. The septic system for the shop is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County I.S.D.S. Regulations.
10. The facility shall utilize well water.
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, pursuant to Section 25-8-205.5 Colorado Water Quality Control
Act and Rules and Regulations.
12. The facility shall dispose all wastes in accordance with the approved Waste Handling Plan.
13. The access lane shall be constructed with adequate turning radii to accommodate two-way
traffic to the residents of the home and the shop area. A minimum of 24 feet in width shall
be required.
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DEVELOPMENT STANDARDS - PHILIP AND BONNIE JOHNSON (USR#1332)
PAGE 2
14. The access lane shall be graded and drained to provide an all-weather access to the
facility.
15. There shall be two designated parking areas adjacent to the shop, one to accommodate
employee parking and the other to accommodate the tractor-trailer rigs.
16. Off-street parking spaces,including the access drive,shall be surfaced with gravel,asphalt,
concrete, or the equivalent and shall be graded to prevent drainage problems.
17. All maintenance of trucks shall be performed within the shop.
18. The number of semi trucks and trailers on the site shall be limited to ten (10).
19. The site shall maintain compliance with the approved Landscape Plan.
20. Storage and parking of semi trucks on the lot shall be limited to those operated or owned
by the applicant.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. 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.
24. 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.
25. 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.
2001-2374
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