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HomeMy WebLinkAbout951081.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1078 FOR A FARM IMPLEMENT BUSINESS IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND DONNA CONNELL 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 31st day of May, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Robert and Donna Connell, 17845 East Highway 14, Ault, Colorado 80610, for a Site Specific Development Plan and Special Review Permit #1078 for a farm implement business in the A (Agricultural) Zone District on the following described real estate, to -wit: Lot B of RE #1666, located in the SE% of Section 12, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, Robert Connell, said 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 in the A (Agricultural) Zone District. 951081 PL0995 �� : IL) i/L;Ccnn -/l SPECIAL REVIEW PERMIT #1078 - CONNELL PAGE 2 b. The proposed use will be compatible with the existing surrounding land uses and with future development. c. No overlay districts affect this site. d. The applicant has demonstrated a diligent effort to conserve productive agricultural land. e. The Conditions of Approval and Development Standards will ensure adequate provision 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 Robert and Donna Connell for a Site Specific Development Plan and Special Review Permit #1078 for a farm implement 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 30 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. Adequate toilet facilities shall be provided for patrons of the facility. Any septic system serving patrons of this commercial facility must be evaluated by a Colorado Registered Professional Engineer. 4. One of the two existing accesses serving the property from State Highway 14 shall be closed, as referred to in the letter from the Department of Transportation, dated March 29, 1995. The closure will require the issuance of an access permit from the Department of Transportation. 5. No additional drainage shall be directed into - the State Highway 14 right-of-way. 951081 PL0995 SPECIAL REVIEW PERMIT.#1078 - CONNELL PAGE 3 6. Prior to recording the plat: a. The applicant shall submit evidence to the Weld County Health Department that the septic system(s) serving patrons of this commercial facility has been evaluated by a Colorado Registered Professional Engineer. b. The applicant shall submit evidence to the Department of Planning Services that an I.S.D.S. Evaluation has been completed on any septic system(s) which is not currently permitted through the Weld County Health Department. In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. c. The plat shall be amended to show the changes in access to the property as per the recommendation from the Department of Transportation in the letter dated March 29, 1995. d. The applicant shall submit evidence to the Department of Planning Services that one of the two access points serving the property from State Highway 14 has been closed. e. The plat shall be amended to show the 75 -foot right-of-way from the center line of State Highway 14, as addressed in the letter from the Department of Transportation, dated March 15, 1995. f. A copy of the amended plat shall be provided to the Department of Planning Services for review and approval. g. The applicant shall submit a screening plan to the Department of Planning Services for review, and said plan must be finally approved by the Board of County Commissioners. h. The display area shall be setback 75 feet from the centerline of State Highway 14. 951081 PL0995 SPECIAL REVIEW PERMIT #1078 - CONNELL PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of May, A.D., 1995. BOARD OF COUNTY COMMISSIONERS W€LQ COUNTY, COJ.ORADO ATTEST: Gt/ /� Weld County Clerk to the Board BY: 4 Deputy. Jerkfatfba Board APP' : ' ii A5 TO FORM• y Attorney (AYF) K. Hall, Chairman � Lia ,�% L 1t ;u (AYF� Barbara. Kirkmey Pro-TeRYl Y/I Lfx�� �. Y /G -Y1<� (AYP George'. Baxter Constance L. Haryert Qn i W. H. Webster frit/ Cx (NAY} (AYF1 951081 PL0995 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROBERT AND DONNA CONNELL USR #1078 1. The Site Specific Development Plan and Special Review Permit is for a farm implement business 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. 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. 7. Adequate toilet facilities shall be provided for patrons of the facility. 8. Fugitive dust shall be controlled on this site. 9. Access shall be limited to one access from State Highway 14. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The facility shall not become a junk or salvage yard. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well kept appearance. 951081 PL0995 DEVELOPMENT STANDARDS - CONNELL PAGE 2 15. 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. 16. 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 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. 18. No display or storage of machinery shall be allowed within 75 feet of the centerline of State Highway 14. 951081 PL0995 Hello