HomeMy WebLinkAbout960771.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT#1106 FOR A TRASH BUSINESS IN THE A (AGRICULTURAL)ZONE DISTRICT
- REED
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 17th day of
April, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of David L. and Donna J. Reed, 822 East 16th Street, Greeley, Colorado 80631, for
a Site Specific Development Plan and Special Review Permit #1106 for a trash business in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of Lot 2, Union Colony Subdivision, in part of the
NW'%SE'%of Section 9, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on April 17, 1996, the Board deemed it advisable to continue
said matter to May 1, 1996, at 10:00 a.m., at which time Keith McIntyre, Attorney, was present to
represent the applicants, 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. This proposal is consistent with the Agricultural Goals and Policies of the
Weld County Comprehensive Plan because no prime agricultural ground will
be taken out of production for the proposed use. The proposed Special
Review Permit area is located within the Urban Growth Boundary of the City
of Greeley. Conditions of Approval and Development Standards address
the City's compatibility concerns.
960771
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SPECIAL REVIEW PERMIT#1106 - REED
PAGE 2
b. The uses which would be permitted will be compatible with the existing
surrounding land uses which include residences, many of which also contain
existing commercial activities on site; e.g., mobile home service business,
tractor and trailer parking, and beauty salon.
c. The parcel is located within the Horizontal Zone of the A-P (Airport) Overlay
District. No other overlay districts affect the site.
d. Special Review Permit Development Standards will provide adequate
protection of the health, safety, and welfare of the neighborhood and
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of David L. and Donna J. Reed for a Site Specific
Development Plan and Special Review Permit #1106 for a trash business 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 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. The Special Review activity shall not occur nor shall any additional 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.
3. Prior to recording the Use by Special Review plat:
a) location of off-street parking for a trash truck undergoing maintenance shall
be identified on the plat.
b) vacation of USR #834 shall be granted by the Board of County
Commissioners.
c) the applicants shall provide written documentation indicating that a septic
permit has been issued for the septic system located on this parcel or have
an I.S.D.S. Evaluation conducted on the septic system. If the system is
found to be inadequate, it shall be brought into compliance with current
I.S.D.S. regulations.
960771
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SPECIAL REVIEW PERMIT#1106 - REED
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of May, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
/Oda- WELD COUNTY, COLORADO
•
t-':".,, Barbara J. Kirkmeyer, CFir
�c 3 t .Q - • C nty Clerk to the Board
C�, t `�� � e Baxter, Pro- em
Deputy Clerk t. the Board r
Dale K. Hall
APPRO AS TO FORM: ice', — a, , \ - cr
Constance L. Harbert
C y t £dL
11 r i
960771
PL0440
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID L. AND DONNA J. REED
USR#1106
1. The Site Specific Development Plan and Special Review Permit is for a trash business
which is limited to the parking of two empty trash trucks and the storage of empty trash
dumpsters/containers in the A (Agricultural) Zone District as submitted in the application
materials on file and subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. The Special Review Permit shall not be transferable to any successors in interest to the
property and shall terminate automatically upon conveyance or lease of the property to
others for the operation of the trash business.
4. The six-foot wooden fence, as shown on the plat, shall be maintained-in such a way as to
adequately screen all adjacent properties from the trash truck/dumpster storage area.
5. USR #834 issued to the applicants in 1988 for a lawn care business on the property is
vacated.
6. The number of trash trucks stored on the Special Review site shall be limited to two. The
trucks shall be stored within the enclosed area at all times when not in operation, except
when truck maintenance work is performed.
7. The trash trucks shall not be permitted to block the 18-foot wide access and utility
easement located along the east boundary of the parcel at any time.
8. All structures on the property shall maintain compliance with requirements of the
A-P (Airport) Overlay District, as stated in Section 51.3 of the Weld County Zoning
Ordinance.
9. The trash business shall be operated solely by the applicants.
10. No permanent disposal of wastes shall be permitted at this site.
11. Waste materials shall be handled, stored and disposed of:in a manner that controls fugitive
dust, blowing debris and other potential nuisance conditions.
12. Fugitive dust shall be controlled on this site.
13. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as
measured according to 25-12-102, Colorado Revised Statutes.
14. All waste collected by this business shall be disposed at an approved sanitary landfill.
960771
PL0440
DEVELOPMENT STANDARDS - REED (USR#1106)
PAGE 2
15. No washing of trucks or trash containers shall be permitted at this site.
16. Any trucks used to collect refuse shall be maintained so that all refuse is contained and to
prevent leakage.
17. No waste shall be stored on site or in trucks at any time.
18. Odors at this site shall not exceed a 7-to-1 dilution threshold, as measured in accordance
with Regulation No. 2 of the Colorado Air Quality Control Regulations.
19. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
20. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
23. 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 herein and all applicable Weld County Regulations.
24. The Special Review area shall be limited to the plans shown herein and governed by the
foregoing Standards and all applicable Weld County Regulations. Major 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 Planning Commission and the 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.
25. 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.
26. The spray painting of trash trucks and trash dumpsters shall not be allowed on site.
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