HomeMy WebLinkAbout20010788 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1317 FOR A BUSINESS (PARKING OF VEHICLES AND EQUIPMENT, AND
A REPAIR SHOP) IN THE A(AGRICULTURAL) ZONE DISTRICT - KELLY AND DANA
BOYLE
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 18th day
of April, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Kelly and Dana Boyle, 21655 Orleans Circle, Commerce City,
Colorado 80022, for a Site Specific Development Plan and Use by Special Review Permit
#1317 for a Business (parking of vehicles and equipment, and a repair shop) in the
A (Agricultural)Zone District on the following described real estate, to-wit:
Part of the E1/2 NE1/4 of Section 16, Township 2
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. In
accordance with A.Goal 1 of Section 22-2-60.A.1 the proposed site is
designated "Other" by the U.S.D.A. Soil Conservation Services. No
prime farm ground will be taken out of production.
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.R of the Weld County
Code provides for a business permitted as a use by right or an accessory
use in the Commercial Zone District as a Use by Special Review in the A
PL /0%U NL ( �fO),4,e� 2001-0788
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SPECIAL REVIEW PERMIT#1317 - KELLY AND DANA BOYLE
PAGE 2
(Agricultural) Zone District. Section 23-3-240.C.1 allows for parking areas
or structures for use by employees, customers and company vehicles
and Section 23-3-240.C.6 allows for repair garages or shops as an
accessory use in the C-4 (Commercial) Zone District.
c. Section 23-2-230.B.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed shop
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 conflicts with its
interests.
e. Section 23-2-230.B.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 "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 Kelly and Dana Boyle for a Site Specific
Development Plan and Use by Special Review Permit#1317 for a Business (parking of vehicles
and equipment, and a 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
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.
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SPECIAL REVIEW PERMIT#1317 - KELLY AND DANA BOYLE
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2. Prior to recording the plat:
A. A detailed landscaping plan identifying the number, size and species of
landscaping/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.
B. The plat shall be amended to include:
1) The applicant shall indicate an additional 10 feet from the 30-foot
road right-of-way from the center line of Weld County Road 22 as
a reservation for future expansion of Weld County Road 22.
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.
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 18th day of April, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU COLORADO
ATTEST:Jaa,�`` ` / /Pi /ib./
M. J. eile, Chair
Weld County Clerk to the �•gw.
-�1, XCUSED DATE OF SIGNING (AYE)
1 - r lenn Vaad, Pro-Tem
BY: ''��- �r
Deputy Clerk to the Boa
Willis erke
n
AP V AS T M: euJ 4eA/av' . Long
n Attorney `O 41\4
Robert D. Masden
2001-0788
PL1505
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KELLY AND DANA BOYLE
USR#1317
1. The Site Specific Development Plan and Use by Special Review Permit #1317 is for a
Business permitted as a use by right or an accessory use in the Commercial Zone District
(parking of vehicles and equipment, and a 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. If applicable, a NPDES Permit shall be obtained from the Water Quality Control Division of
the Colorado Department of Public Health and Environment for any proposed discharge into
State Waterways.
4. 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.
5. No permanent disposal of wastes shall be permitted at this site.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
8. 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.
9. Adequate toilet facilities shall be provided for employees.
10. A Weld County Individual Sewage Disposal System (I.S.D.S.) is required for the proposed
residence and shop. 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.
11. The facility shall utilize well water.
12. 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.
13. The facility shall dispose all wastes in accordance with the approved Waste Handling Plan.
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DEVELOPMENT STANDARDS - KELLY AND DANA BOYLE (USR#1317)
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14. 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.
15. The access lane shall be graded and drained to provide an all-weather access to the
facility.
16. 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.
17. 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.
18. All maintenance of trucks shall be performed within the shop.
19. The number of semi trucks and trailers on the site shall be limited to four (4).
20. The site shall maintain compliance with the approved Landscape Plan.
21. Storage and parking of semi trucks on the lot shall be limited to those operated or owned
by the applicant.
22. All employees must be members of the family living on the site until such time that
bathroom facilities are installed according to the Weld County Department of Public Health
and Environment I.S.D.S. Regulations for the commercial use, and a well permit allowing
a commercial use has been obtained from the State of Colorado, Division of Water
Resources.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
25. 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.
26. 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.
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DEVELOPMENT STANDARDS - KELLY AND DANA BOYLE (USR#1317)
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27. 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.
2001-0788
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