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HomeMy WebLinkAbout972148.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1163 FOR AN INDUSTRIAL USE (STORAGE AND PARKING OF OIL FIELD EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - AMEN 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 October, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Todd and Rhonda Amen, 4620 Scottsbluff Court, Greeley, Colorado 80634, for a Site Specific Development Plan and Special Review Permit #1163 for an Industrial Use (storage and parking of oil field equipment) in the A (Agricultural) Zone District on the following described real estate, to -wit: NE'/., NE% of Section 35, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, Todd and Rhonda Amen, 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 which allows for commercial and industrial uses to locate in the A (Agricultural) Zone District when the impact to surrounding properties is minimal, and where adequate services and infrastructure are available. b. Section 24.4.2.2 -- This proposal is consistent with the intent of the A (Agricultural) Zone District in that no prime productive farm ground is being taken out of production. LG : "y/L; ?j) /31nC,J 972148 PL1228 SPECIAL REVIEW PERMIT #1163 - AMEN PAGE 2 c. Section 24.4.2.3 -- The proposal will be compatible with the existing surrounding land uses which are rural residential to the northwest, communication towers and storage facility to the north, Hill -N -Park Sanitation District to the east and the South Platte River to the south. d. Section 24.4.2.4 -- The proposed use 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 City of Greeley reviewed this request and had no conflicts. The City of Evans reviewed this request. Their comments are attached and addressed as Conditions of Approval. e. Section 24.4.2.5 -- The proposal is located within the Flood Hazard Overlay District Area identified by FEMA Community Panel #0802660619C, dated September 28, 1982. Conditions of Approval address this issue. f. Section 24.4.2.6 -- The subject property is not prime farm ground. 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 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 Todd and Rhonda Amen for a Site Specific Development Plan and Special Review Permit #1163 for an Industrial Use (storage and parking of oil field equipment) in the A (Agricultural) Zone District 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. Prior to recording the plat: A. The applicant shall provide a restroom facility in the proposed building (50x100 feet). The restroom shall be serviced by a permitted septic system. This system shall be designed by a registered Professional Engineer and approved by the Weld County Health Department. 972148 PL1228 SPECIAL REVIEW PERMIT #1163 - AMEN PAGE 3 B. A storm water drainage plan shall be submitted to the Weld County Public Works Department for review and approval. C. The plat shall be amended to show the easement to the property from Weld County Road 52 as stated on a deed recorded in Book 1426, Reception 02373073, February 9, 1994. D. The plat map shall be amended to show the approximate location of the flood plain as shown on FEMA Community Panel #0802660619C, dated September 28, 1982. E. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current Individual Sewage Disposal System regulations. F. A wastewater handling plan shall be submitted for review and approval by the Weld County Health Department for the washing of vehicles associated with the oil field business. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of October, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO W. H. Webster 972148 PL1228 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TODD AND RHONDA AMEN USR #1163 1. The Site Specific Development Plan and Special Use Permit is for an Industrial Use (Storage and Parking of Oil field Equipment) in the A (Agricultural) Zone District, as indicated 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, as amended. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. There shall be no disposal of liquid or solid wastes at this location. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as measured according to Section 25-12-102, Colorado Revised Statutes. 7. All 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. 8. The facility shall utilize the existing public water supply. 9. Storage of oil field equipment on the site shall be limited to 12 pieces. 10. The number of employees on site shall be limited to 15. 11. All construction or improvements occurring in the Flood Plain as described on FEMA Community Panel #0802660619C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of the Weld County Zoning Ordinance, as amended, Section 26. 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, as amended. 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, as amended. 14. 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 972148 PL1228 DEVELOPMENT STANDARDS - AMEN (USR#1163) PAGE 2 Standards stated hereon and all applicable Weld County regulations. 15. 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 as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission 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. 16. 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. 972148 PL1228 Hello