HomeMy WebLinkAbout20011669.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1333 FOR A USE BY RIGHT OR ACCESSORY USE IN THE COMMERCIAL
ZONE DISTRICT (TRUCK AND LANDSCAPE MATERIALS STORAGE) IN THE
A(AGRICULTURAL) ZONE DISTRICT - BRETT AND MICHELLE BERNHARDT
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 July, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Brett and Michelle Bernhardt, 11263 State Highway 60, Milliken, Colorado
80543, for a Site Specific Development Plan and Use by Special Review Permit#1333 for a
Use by Right or Accessory Use in the Commercial Zone District (truck and landscape materials)
in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption #2469; being part of
the N1/2 of Section 12, Township 4 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicants were 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 applicants 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 applicants have
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.
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 Use by Right or Accessory Use in the Commercial
Zone District (truck and landscape materials storage) as a Use by Special
Review in the A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1333 - BRETT AND MICHELLE BERNHARDT
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c. Section 23-2-230.6.3 —The uses which will be permitted will be
compatible with the existing surrounding land uses.
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. In the referral response received May 2, 2001, the
Town of Milliken found no conflict with the proposed use.
e. Section 23-2-230.6.5—The application complies with Section 23-5 of the
Weld County Code. The site lies within the boundaries of Ordinance 217
(Milliken IGA). The applicants have reached an agreement with the Town
of Milliken as evidenced by the Town of Milliken's referral response
received May 2, 2001.
f. Section 23-2-230.6.6 —The applicants have demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use.
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 Brett and Michelle Bemhardt for a Site Specific
Development Plan and Use by Special Review Permit#1333 for a Use by Right or Accessory
Use in the Commercial Zone District (truck and landscape materials storage) 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. The applicants shall apply for an Underground Injection Control (UIC)
Class V Injection Well permit, if applicable, through the Environmental
Protection Agency (EPA), for the floor drain system that serves the
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SPECIAL REVIEW PERMIT#1333 - BRETT AND MICHELLE BERNHARDT
PAGE 3
maintenance shop, or provide evidence that the applicants are not
subject to the EPA Class V requirements.
B. The applicants shall submit a Dust Abatement Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment for approval prior to operation.
C. The septic system serving the house 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.
D. The applicants shall submit a Waste Handling Pan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include at a minimum,
the following:
1) A list of wastes which are expected to be generated on site,
including 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 applicants shall submit a revised Landscape Plan to the Department
of Planning Services for review and approval. Upon approval, the
Landscape Plan shall be placed on the plat. The applicants shall include
in the Landscape Plan the following information:
1) An installation schedule which specifies when the landscaping will
be installed on site.
2) A Plant Material List specifying the Botanical and Common names
of all plant material to be installed, the size of the plant material at
installation, and whether the plant material is to be containerized
or balled and burlapped (B&B).
3) A landscape maintenance schedule which specifically states who
will perform maintenance and that maintenance is on-going and
shall not end upon final acceptance by the Department of
Planning Services.
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SPECIAL REVIEW PERMIT#1333 - BRETT AND MICHELLE BERNHARDT
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F. The applicants shall submit a Drainage Plan to contain storm water run-
off from the site that prevents damage to adjacent properties. Upon
approval, the Drainage Plan and any necessary detention areas shall be
delineated on the plat.
G. The applicants shall provide the Weld County Department of Planning
Services with a copy of the access permit issued by the Colorado
Department of Transportation (CDOT)which grants access to State
Highway 60, or written evidence that the applicants have complied with
the requirements of CDOT.
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 18th day of July, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: �,,�/,F i T ,:. IE is a
� '"" f M. J. eile, Ch it
Weld County Clerk to th: '• cc%iv
l /��
.��<, Glenn Vaad, n
BY: • �:%.i,i...
Deputy Clerk to the Bo t ( / N \ �' ;(14-.4..A
��� Willierke
APP D AS TOy: c., �
Davi E. Loqg
aunty A rney E US D DA E O " SIG NG (AYE)
Robert D. Masden
Date of signature: _L
Date of full execution: 8ci_
2001-1669
PL1540
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRETT AND MICHELLE BERNHARDT
USR#1333
1. The Site Specific Development Plan and Use by Special Review Permit#1333 is for a Use
permitted as a Use by Right or Accessory Use in the Commercial Zone District (truck and
landscape materials storage) 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. An individual sewage disposal system is required for the proposed work shop and shall be
designed by a Colorado Registered Professional Engineer and installed according to the
Weld County Individual Sewage Disposal System (I.S.D.S) Regulations.
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. 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.
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. This 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 and hand-washing facilities shall be provided for employees and the public.
10. The applicants shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
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 Thomson Water District).
13. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
14. Off-street parking and loading areas shall be surfaced with either gravel, asphalt, or
concrete, and shall be graded so as to prevent drainage problems.
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DEVELOPMENT STANDARDS - BRETT AND MICHELLE BERNHARDT (USR#1333)
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15. All operations shall be conducted during the hours of daylight. Hours of operation may be
extended with specific permission from the Weld County Board of County Commissioners.
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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