HomeMy WebLinkAbout20000283.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1249 FOR A HOME BUSINESS (STORAGE OF COMMERCIAL VEHICLES AND
BUILDING SUPPLIES) IN THE A (AGRICULTURAL) ZONE DISTRICT -JIM PERRY
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 8th day of
March 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Jim Perry, 17743 Weld County Road 6, Brighton, CO 80601, for a Site
Specific Development Plan and Special Review Permit#1249 for a Home Business (storage of
commercial vehicles and building supplies) in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Part of the SE1l4 of Section 24, 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 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. The Weld County Comprehensive Plan
encourages home businesses of this nature to be located in the A
(Agricultural) Zone District.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. The site is zoned Agricultural and satisfies
the Use by Special Review criteria in the A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1249 - JIM PERRY
PAGE 2
c. Section 24.4.2.3 -- The proposal will be compatible with future
development of the surrounding area. The site is located in an
agricultural area already surrounded by other Use by Special Review
activities.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The
Towns of Ft. Lupton and Lochbuie both commented there are no conflicts
with this application.
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The improvements to support this
business activity are already located on this site. The site is 22 acres in
size and is located on soils defined as "other" by the USDA Soils
Conservation Survey Maps.
g. Section 24.4.2.7 -- The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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 Jim Perry for a Site Specific Development Plan
and Special Review Permit#1249 for a Home Business (storage of commercial vehicles and
building supplies) 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 Special Review Permit shall be
adopted and placed on the 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. The applicant shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment, Environmental Health
Services Division. The plan shall include, at a minimum, the following:
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SPECIAL REVIEW PERMIT#1249 - JIM PERRY
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1. A list of wastes which are expected to be generated on this site.
2. A list of the type and volume of chemicals expected to be stored
on the site.
3. The waste handler and facility where the waste will be disposed.
B. The plat shall be modified to meet compliance with basic mapping
requirements as stated in Sections 24.7.4.4 and 24.7.4.5 of the Weld
County Zoning Ordinance.
C. The applicant shall submit and receive approval of Parking and
Landscaping and Buffering Plans as stated in Section 24.5.1.10 of the
Weld County Zoning Ordinance.
D. The Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the 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 8th day of March, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
I
ATTEST: Lirmil
�✓ �, Barbara J. irkmeye , Chair
Weld County Clerk tot �o
y
C gEic
. ile, Pro-Tem
C> `BY:
Deputy Clerk to the :• Cif kkkl
Georg . Baxter
APPROVED AS TO-FORM: EXCUSED DATE OF SIGNING (AYE)
Dale K. Hall
I. /
--County Attorney, -- 4« 4 a�,
Glenn Vaal
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PL1378
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JIM PERRY
USR#1249
1. The Site Specific Development Plan and Use by Special Review Permit #1249 is for a
Home Business to store commercial vehicles and building supplies 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 90 of the Weld
County Zoning Ordinance.
3. All liquid and solid wastes 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 maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to Section 25-12-102, C.R.S.
8. The property owner shall provide adequate toilet facilities for all employees.
9. The existing septic system shall be reviewed by a Colorado Registered Engineer. The
review shall consist of observations of the system and a technical review describing the
system's ability to handle the existing use and the proposed hydraulic load. In the event
the existing system is found by the Weld County Department of Public Health and
Environment to be inadequate then it shall be brought into compliance with current
regulations.
10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner.
11. The facility shall utilize the existing well.
12. There shall be no staging or parking allowed on Weld County Road 6.
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS - JIM PERRY (USR #1249)
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15. 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 hereon and all applicable Weld County regulations.
16. The 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 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.
17. 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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