HomeMy WebLinkAbout981166.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1185 FOR A MECHANICS REPAIR SHOP FOR AGRICULTURAL TRUCKS AND
TRACTORS, SEMI-TRUCKS AND OTHER AGRICULTURAL IMPLEMENTS IN THE A
(AGRICULTURAL) ZONE DISTRICT - DANA AND DEEANN PATTEN
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 1st day of
July, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Dana and DeeAnn Patten, 20476 Weld County Road 29, Platteville, Colorado
80651, for a Site Specific Development Plan and Special Review Permit#1185 for a Mechanics
Repair Shop for agricultural trucks and tractors, semi-trucks and other agricultural implements
in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the NW%SW% of Section 21, Township 4 North, Range 66
West of the 6th P.M., Weld County Colorado
WHEREAS, said applicants were 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, as amended. A.Goal 2 in the Comprehensive Plan
allows 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. The proposed repair shop is
mainly for the service and repair of agricultural implements and has
minimum impacts on surrounding properties. A.Goal 1 encourages the
preservation of prime farmland for agricultural purposes which foster the
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SPECIAL REVIEW PERMIT#1185 - DANA AND DEEANN PATTEN
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economic health and continuance of agriculture. This proposal is located
on a small parcel of land that is bordered by natural boundaries and is
difficult to farm and irrigate. It is surrounded by the Western Mutual
Ditch, a ditch access road, and Weld County Road 29; and is 3.46 acres
in size. Therefore, no prime farm ground is taken out of production.
b. Section 24.4.2.2-- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.2 of the Weld County Zoning
Ordinance provides for Agricultural Service establishments primarily
engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including farm equipment sales,
repair, and installation facilities. The Conditions of Approval and
Development Standards ensure that this proposal is consistent with the
intent of the A (Agricultural) Zone District.
c. Section 24.4.2.3-- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance, as amended, and will be compatible with
future development of the surrounding area. Surrounding land uses
include residential uses and vacant agricultural land. If Conditions of
Approval and Development Standards are met, the impacts to
surrounding properties should be minimal.
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. This
proposal is located within the referral area of the Towns of Milliken and
Gilcrest; however, it is not within the Urban Growth Boundaries. Both
Towns responded with no conflicts with its interests.
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 site in which this use is
proposed is not considered productive agricultural land because of it's
size (3.46 acres) and the difficulties of farming this parcel due to the
natural boundaries surrounding the property.
g. Section 24.4.2.7--The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance, as amended), Operation Standards (Section
24.6 of the Weld County Zoning Ordinance, as amended), Conditions of
Approval, and Development Standards ensure that there are adequate
provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and county.
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SPECIAL REVIEW PERMIT#1185 - DANA AND DEEANN PATTEN
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Dana and DeeAnn Patten for a Site Specific
Development Plan and Special Review Permit#1185 for a Mechanics Repair Shop for
agricultural trucks and tractors, semi-trucks and other agricultural implements 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 plat. 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 15
days of approval by the Board of County Commissioners.
2. One residential access per legal parcel is allowed, per Ordinance 180. The
applicant shall utilize the north access of the circle drive for the residence. The
business access should be located on the north side of the property as a
separate access.
3. Prior to recording the plat:
A. The applicant shall submit to the Department of Planning Services, for
review and approval, a detailed landscape/screening plan to address all
existing and proposed screening on the site, including the type and height
of fencing material used, species and height of all trees on the site. The
landscaping/screening plan shall include a maintenance plan for all living
material to be utilized in the screening efforts.
B. 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.
C. The Plat should delineate the closed access of the circle drive and show
the separate access for the business use.
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SPECIAL REVIEW PERMIT#1185 - DANA AND DEEANN PATTEN
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of July, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
1 Constance L. Harbert Chair
•c\qauriyY-Cfe i t. e Board
W. 4 ste , Pro-Tem
to the Board eo -•
rge . Baxter
APPRO AST ORM:
Dales K. Hall
o i ty Attor ey ativ-e�<i-- A/1.1, t-i- , —
/Barbara J. Kirkmeyer (/
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DANA AND DEEANN PATTEN
USR#1185
1. The Site Specific Development Plan and Special Review Permit is for a Mechanics
Repair Shop for agricultural trucks and tractors, semi-trucks and other agricultural
implements in the A (Agricultural) Zone District as submitted in the application materials
on file in the Department of Planning Services 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 construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
4. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.6 of the Weld County Zoning Ordinance.
5. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
6. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. The maximum permissible noise level shall not exceed the residential limit of 55 db(A),
as measured according to Section 25-12-102, C.R.S., as amended.
11. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Sewage Disposal Regulations.
12. Adequate toilet facilities shall be provided for the public and employees.
13. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a
spillage retention berm shall be constructed around the tank battery. The volume
retained by the spillage berm should be greater than the volume of the largest tank
inside the berm. Alternative protective measures may be allowed provided they comply
with the Above Ground Storage Tank Regulations.
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DEVELOPMENT STANDARDS - PATTEN (USR#1185)
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14. All pesticides, fertilizers, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act
and Rules and Regulations thereof.
15. The facility shall utilize the existing public water supply.
16. The operation of the oil burning furnace shall comply with all regulations of the Colorado
Air Quality Control Commission.
17. The applicant shall utilize the north access off the former circle drive for the residence.
The business access should be located on the north side of the property as a separate
access.
18. No overflow parking or staging shall be allowed on Weld County Road 29.
19. Hours of operation shall be limited to 7:00 a.m. through 5:00 p.m., Monday through
Saturday.
20. All storm water drainage shall be handled through a tail water holding pond in the
northeast corner of the property.
21. Personnel from the Weld County Health Department and Weld County Department of
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.
22. The Special Review area shall be limited to the plans shown hereon and governed by
the foregoing standards and all applicable Weld County Regulations. Major changes
from the plans or Development Standards and Conditions of Approval as shown, shall
require the approval of an amendment of the permit by the Weld County Planning
Commission and the Board of County Commissioners before such changes from the
plans, Development Standards and Conditions of Approval are permitted. Any other
changes shall be filed in the office of the Department of Planning Services.
23. 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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