HomeMy WebLinkAbout20011531.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1330 FOR A BUSINESS PERMITTED AS AN ACCESSORY USE
(EXCAVATION BUSINESS) IN THE C-3 (COMMERCIAL) ZONE DISTRICT IN THE
A(AGRICULTURAL) ZONE DISTRICT -JOHN ZADEL
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 27th day
of June, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of John Zadel, 4200 Weld County Road 19, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit#1330 for a
Business permitted as an Accessory Use (excavation business) in the C-3 (Commercial) Zone
District in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption #3051; part of the
S1/2 of the SW1/4 of Section 10, Township 1
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Steve Stencil, Intermill Land Surveying,
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.
A.Goal 2 states, "allow commercial and industrial uses which are directly
related to or dependent upon agriculture to locate within agricultural
zoning when the impact to surrounding properties is minimal, and where
adequate services and infrastructure are available."
A1th°> / 2001-1531
C' �L i �A PL1528
SPECIAL REVIEW PERMIT#1330 - JOHN ZADEL
PAGE 2
b. Section 23-2-230.6.2 —The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.R of the Weld County
Code provides for a business permitted as an Accessory Use in the
Commercial Zone District as a Use by Special Review in the A
(Agricultural) Zone District. Section 23-3-230.D.2 may be construed to
allow an excavation business as an Accessory Use in the C-3
(Commercial) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The Conditions of
Approval and Development Standards will ensure that any
incompatibilities will be mitigated. Surrounding land uses include
agricultural and associated residences to the north, east and west, and
an oil and gas facility to the south.
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 does not lie within an Urban Growth
Boundary but does lie within the confines of the Tri-Area
Intergovernmental Agreement Area. The site lies within the three-mile
referral area of the municipalities of Fort Lupton and Dacono. The City of
Fort Lupton in the referral response dated April 11, 2001, found no
conflicts with its interests. The City of Dacono did not respond.
e. Section 23-2-230.B.5 —The site lies within the boundaries of the Tri-Area
Intergovernmental Agreement (IGA) as defined by Appendix 19-C of the
Weld County Code, as well as Area 3 of the Southwest Weld Road
Impact Fee Area as defined by Appendix 20-E of the Weld County Code.
An IGA Notice of Inquiry was forwarded to the City of Dacono on
March 19, 2001, and the Department of Planning Services has not
received a response.
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" by the
U.S.D.A. Soil Conservation Service; however, no farm ground will be
taken out of production. The proposed use is to be located on ten (10)
acres of the contiguous land owned by the applicant (Lot A of Recorded
Exemption #3051).
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.
2001-1531
PL1528
SPECIAL REVIEW PERMIT#1330 -JOHN ZADEL
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of John Zadel for a Site Specific Development Plan
and Use by Special Review Permit#1330 for a Business permitted as an Accessory Use
(excavation business) in the C-3 (Commercial) Zone District 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 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. A detailed Landscape/Screening Plan identifying the number, size and
species of landscape materials, shall be submitted to the Department of
Planning Services for review and approval. The Landscape/Screening
Plan shall address maintenance, as well as replacement of the dead or
dying landscape materials. The approved Landscape/Screening Plan
shall be delineated on the plat map.
B. Weld County Road 19 is designated on the Southwest Study Area
Capacity Improvement Needs Map as a collector status road, which
requires 80 feet of right-of-way at full build out. There is presently 60 feet
of right-of-way. A total of 40 feet from the centerline of Weld County
Road 19 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld County Road 19. This road is maintained by
Weld County.
C. Weld County Road 10 is designated as a section line access road at this
location. The applicant shall enter into a Road Maintenance and
Improvements Agreement with Weld County for the upgrade and
resurfacing of Weld County Road 10 east of Weld County Road 19 and
for on-site parking with gravel, asphalt, concrete or equivalent, and it shall
be graded to prevent drainage problems. The improvements shall consist
of upgrading and widening Weld County Road 10 east of Weld County
Road 19 through the east access. The minimum width of the
improvement shall be 26 feet to accommodate two-way traffic and the
minimum depth shall be eight inches of aggregate base course.
Commercial access road standards require a 40-foot turning radius. An
approved copy of this Road Maintenance and Improvements Agreement
with Weld County shall be submitted to the Department of Planning
Services.
2001-1531
PL1528
SPECIAL REVIEW PERMIT#1330 - JOHN ZADEL
PAGE 4
D. Off-street parking spaces, including the access drive, shall be surfaced
with gravel, asphalt, concrete, or the equivalent and shall be graded and
drained to permit all-weather access.
E. The applicant shall complete the process for Recorded Exemption #3051
currently pending with the Department of Planning Services.
F. 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 contractor shop, or provide evidence
that the applicant is not subject to the EPA Class V requirements.
G. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed buildings and shall be installed according to the Weld County
I.S.D.S. Regulations. Septic systems are required to be designed by a
Colorado Registered Professional Engineer according to the Weld
County I.S.D.S. Regulations. The installation of septic systems on the
proposed site shall comply with the Weld County I.S.D.S. flood plain
policy.
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 27th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
�-+pp` WELD COUNTY, COLORADO
ATTEST: MI tt5 EJs \ EXCUSED DATE OF SIGNING (AYE)
%M. J. Geile, Chair
Weld County Clerk to the(MA creRt
a—gi SA, /1 GQ� % `1 , `� S � ,"$Glenn Vaad, ro-Tem
BY: moo- �.. � //r
Deputy Clerk to the Boa4►4 N't 1-;
William H. Jerke
APP ED EXCUSED
David E. Long
A ney EXCUSED DATE F SIGNIN (AYE)
Robert D. Masden
2001-1531
PL1528
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN ZADEL
USR#1330
1. The Site Specific Development Plan and Use by Special Review Permit #1330 is for a
Business permitted as an Accessory Use (excavation business) in the C-3 (Commercial)
Zone District 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 Chapter 23,Article VIII
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. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in Section 25-12-103, C.R.S.
8. Adequate toilet and hand washing facilities shall be provided for employees and the public.
9. 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.
10. The facility shall utilize the existing public water supply (Central Weld County Water
District).
11. The applicant must comply with the Waste Handling Plan as submitted on April 19, 2001.
12. The landscape/screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan.
13. There shall be no staging or parking of vehicles or equipment along Weld County Roads 10
or 19. All parking, loading and off-loading shall be on-site.
14. The access road shall be maintained by the operator to support the imposed loads of fire
apparatus, and shall be provided with a surface so as to provide all-weather driving
capabilities.
2001-1531
PL1528
DEVELOPMENT STANDARDS - JOHN ZADEL (USR#1330)
PAGE 2
15. If applicable, the operator shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. All construction on the property shall be in accordance with Chapter 29 of the Weld County
Code.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
19. 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.
20. 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.
21. 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.
2001-1531
PL1528
Hello