HomeMy WebLinkAbout960146.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1100
FOR A COMMERCIAL BUSINESS (AUTO AND FARM MACHINERY REPAIR) IN THE
A (AGRICULTURAL) ZONE DISTRICT -JOE R. GAONA
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
January, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Joe R. Gaona, 431 Wall, Eaton, Colorado 80615, for a Site Specific Development
Plan and Special Review Permit#1100 for a commercial business (auto and farm machinery repair)
in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of RE #1769 in part of the N'h of Section 1,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing on January 17, 1996, the Board deemed it advisable to continue
said matter to January 31, 1996, at which time said matter was again continued to February 12,
1996, at 10:00 a.m., and •
WHEREAS, at said hearing on February 12, 1996, Joe R. Gaona, applicant, was present,
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 Weld County Comprehensive Plan and
is provided for as a Use by Special Review.
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SPECIAL REVIEW PERMIT#1100 - GAONA
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b. The use is consistent with the intent of the A (Agricultural) Zone District
because no prime agricultural land will be taken out of production for the
proposed use.
c. No 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 Joe R. Gaona for a Site Specific Development Plan and
Special Review Permit #1100 for a commercial business (auto and farm machinery repair) 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 Recorders Office within 15 days of approval by the
Board of County Commissioners.
2. 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.
3. Prior to the issuance of additional building permits for the Use by Special Review
business, screening shall be constructed and completed in accordance with the
approved screening plan.
4. Prior to recording the plat, the applicant shall submit a waste handling plan to the
Environmental Protection Services Division of the Weld County Health Department
for review and approval. The plan, at a minimum, shall include the following:
a) A list of wastes which are expected to be generated on site, i.e. antifreeze
and used oil, including the volume and type of waste which are expected to
be generated.
b) The waste handler and facility where the waste will be handled and disposed,
including the facility name, address, and phone number.
c) A brief description of how the wastes generated on site will be stored prior to
removal for recycling, disposal, etc. Description to include containers,
containment features, storage locations, etc., which will be incorporated on
site.
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SPECIAL REVIEW PERMIT#1100 - GAONA
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of February, A.D., 1996.
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BOARD OF COUNTY COMMISSIONERS
'� WELD COUNTY, COLORADO
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOE R. GAONA
USR#1100
1. The Site Specific Development Plan and Special Review Permit is for a commercial business
(auto and farm machinery repair) 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. 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. Any underground storage tank shall comply with the Underground Storage Tank Regulations
(6CCR 1007-5).
7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to Section 25-12-102, Colorado Revised Statutes.
8. The septic system for the business is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. The septic system for the business may be combined with the residence
subject to the design requirements.
9. Any equipment associated with the recovery, installation, or recycling of compounds used
in auto air conditioning units shall comply with Regulation No. 15 of the Colorado Air Quality
Commission Regulations.
10. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
11. The property owner or operator shall be responsible for complying with the Design Standards
of Section 24.5 of the Weld County Zoning Ordinance.
12. 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 - GAONA (USR#1100)
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13. 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.
14. 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.
15. 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.
16. The permitted Use by Special Review work areas as shown on the plat shall be adequately
screened, in compliance with the requirements of the Department of Planning Services, from
adjacent properties and public rights-of-way.
17. Any aboveground storage tank greater than 660 gallons shall comply with the Aboveground
Storage Tank Regulations (7CCR 1101-14).
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