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Home My WebLink About20010882 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1315 FOR A BUSINESS (LANDSCAPING MATERIALS YARD) IN THE A (AGRICULTURAL) ZONE DISTRICT - HENRY RICKERS 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 Henry Rickers, 2497 1-25 Frontage Road, Erie, Colorado 80516, for a Site Specific Development Plan and Use by Special Review Permit#1315 for a Business (landscaping materials yard) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the N1/2 SE1/4 of Section 22, Township 1 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.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. 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 accessory use in the Commercial Zone District as a Use by Special Review in the A (Agricultural) Zone District. Section 23-3-220.B.2 allows for stores and shops which furnish services and merchandise at retail to the general public as a use allowed by right in the C-2 (Commercial) Zone District. Section 23-3-240 allows for outdoor storage areas as an accessory use in the C-4 (Commercial) Zone District. /J 2001-0882 HOC : 1% PIO 1414( 0) 40/i/ PL1506 SPECIAL REVIEW PERMIT#1315 - HENRY RICKERS PAGE 2 c. Section 23-2-230.B.3 -- The use which will be permitted will be compatible with the existing surrounding land uses. The homes in close proximity are owned by the applicant and his family. Surrounding properties on the west side of Interstate 25 are agricultural in nature. Directly south of the site is Baker Subdivision. The Conditions of Approval and Development Standards ensure that sufficient screening will mitigate any negative impacts caused by the proposed use. 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 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 directly west of the City of Broomfield and surrounded on the west, north and south by the Town of Erie. Neither the City of Broomfield or the Town of Erie responded to referral requests, indicating a favorable response. The site is within the three-mile referral area of the City of Dacono. The City of Dacono indicated no conflicts exist with its interests. Outside storage of materials in a Commercial Zone District is required to be screened from public rights-of- way and adjacent properties. Although the site is zoned Agricultural, adequate screening will be necessary to ensure compatibility with future uses. e. Section 23-2-230.6.5 --The application complies with Section 23-5 of the Weld County Code. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 2. The site lies within an area designated as having severe geological hazards. The Development Standards require that a Geological Hazard Development Permit shall be obtained prior to the release of building permits. 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. Although the proposed site is designated "Prime" by the U.S.D.A. Soil Conservation Service, the site is of limited agricultural value. The small size, location of Little Dry Creek, and uneven terrain all limit the productiveness of the site. g. Section 23-2-230.6.7 --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. 2001-0882 PL1506 SPECIAL REVIEW PERMIT#1315 - HENRY RICKERS PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Henry Rickers for a Site Specific Development Plan and Use by Special Review Permit#1315 for a Business (landscaping materials yard) 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 plat shall be amended to delineate the following: 1) Only one identification sign per principal use is allowed in the A (Agricultural) Zone District. The plat shall be amended to show only one sign. 2) South of Little Dry Creek, the plat identifies areas for future heavy equipment and truck sales and the future turf farm and nursery. No information was included in the application regarding these uses, therefore, the applicant has agreed to delete these references. 3) The proposed location of the trash dumpster and appropriate screening from adjacent properties and rights-of-way. B. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application must be submitted to the Colorado Department of Public Health and Environment, Air Pollution Control Division, for emissions of criteria, hazardous, or odorous air pollutants. Sources of such emissions include, but are not limited to, the following: sandblasting operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators. C. A Dust Abatement Plan shall be submitted to the Weld County Department of Public Health and Environment, Environmental Health Services Division. Evidence of approval shall be submitted to the Weld County Department of Planning Services. D. The existing septic system (Permit#G-930223) 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 2001-0882 PL1506 SPECIAL REVIEW PERMIT#1315 - HENRY RICKERS PAGE 4 ability to handle the proposed hydraulic load. In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current Individual Sewage Disposal System (I.S.D.S.) Regulations. The review shall be submitted to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Weld County Department of Planning Services. E. A detailed Landscape 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 also address maintenance of the landscaping materials and potential replacement of dying materials. The approved plan shall be delineated on the plat map. F. The Colorado Department of Transportation (CDOT) has jurisdiction over access to 1-25 Frontage Road. The applicant shall contact CDOT to verify the access permit, or for any additional requirements that may be needed to obtain or upgrade an access permit. Evidence of CDOT approval shall be submitted to the Department of Planning Services. G. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for landscaping, parking lot and approach road requirements. The agreement and form of collateral shall be reviewed by County staff and accepted by the Board of County Commissioners prior to recording the plat. 3. Prior to construction of any new buildings: A. The applicant shall submit construction plans to the Mountain View Fire Protection District. 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. 2001-0882 PL1506 SPECIAL REVIEW PERMIT#1315 - HENRY RICKERS PAGE 5 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: �_ / , \'\ ) • I /\ , it&� i " " 7 ��j'' J. ile, Chair Weld County Clerk to the J,. ' ( �.� ( ; IXCUSED DATE OF SIGNING (AYE) ♦Sr4441‘, .�,r. %le lenn Vaad, Pro-Tem BY: ru ��i ,T�: ? • Deputy Clerk to the Boa a1 / • 1, 4C Willi Jerke RO D AS T RM: 6r Davi . L g unty Attorn y Robert D. Masden 2001-0882 PL1506 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HENRY RICKERS USR#1315 1. The Site Specific Development Plan and Use by Special Review Permit #1315 is for a Business permitted as a use by right or accessory use in the Commercial Zone District (landscaping materials yard) 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. 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 Industrial, Zone District as delineated in Section 25-12-103, C.R.S. 8. Adequate toilet facilities shall be provided for the employees and customers. 9. An I.S.D.S. is required for the proposed residence and shall be installed according to the Weld County I.S.D.S. Regulations. 10. All future shops with restrooms shall install an I.S.D.S. System. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County I.S.D.S. Regulations. 11. The existing septic system (Permit#G-930223) shall be utilized for the 30-foot by 40-foot office. 12. The facility shall utilize the existing municipal sewage treatment system when it becomes available to this site. 13. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 14. The facility shall utilize the existing public water supply (Left Hand Water District). 15. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area 2. 2001-0882 PL1506 DEVELOPMENT STANDARDS - HENRY RICKERS (USR#1315) PAGE 2 16. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. 17. All signs shall adhere to Section 23-4-90 of the Weld County Code and shall require Building permits. 18. A Geological Hazard Development Permit shall be obtained prior to the release of building permits. 19. The applicant shall submit construction plans to the Mountain View Fire Protection District for review and approval prior to the release of building permits. 20. The access road and approach radii shall be capable of accommodating two-way traffic and large truck traffic,which will supply products to the facility. A minimum width of 24 feet with a 40-foot radius shall be required. 21. The 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. 22. All signs will require building permits and shall comply with Chapter 23,Article IV, Division II of the Weld County Code. 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. 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. 2001-0882 PL1506 Hello