HomeMy WebLinkAbout992083.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT#1238 FOR AN EXCAVATION BUSINESS IN THE A (AGRICULTURAL)
ZONE DISTRICT -JOHN EICHMAN AND HAROLD TATEYAMA AND SONS
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 8th day of
September, 1999, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of
hearing the application of John Eichman and Harold Tateyama and Sons, %A. Bruce Johnson,
801 8th Street, Suite #220, Greeley, Colorado 80631, for a Site Specific Development Plan and
Special Review Permit#1238 for an Excavation Business in the A (Agricultural) Zone District in
the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption #2525, being part of
the NW'/ of Section 15, Township 7 North, Range
66 West of the 6th P.M., Weld County, Colorado,
formerly described as Lot A of Recorded
Exemption #894
WHEREAS, said applicant was present and represented by A. Bruce Johnson 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 -- The proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 2 in the Comprehensive Plan allows for
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 use is primarily to provide
excavation services in the area, among its customers will be local
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SPECIAL REVIEW PERMIT#1238 - JOHN EICHMAN AND HAROLD TATEYAMA AND SONS
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farmers. This use has minimal impacts on surrounding properties.
A.Goal 1 encourages the preservation of prime farmland for agricultural
purposes which foster the economic health and continuance of
agriculture. This proposal is local:ed on a small parcel of land that has
been historically used for onion and farm equipment storage. Therefore,
no prime farmground is taken out of production.
b. Section 24.4.2.2 -- The proposal is consistent with the intent of the district
in which the use is located. Section 31.4.18 of the Weld County Zoning
Ordinance provides for uses allowed as a Use by Right in the
Commercial or Industrial Zone Districts as a Use by Special Review in the
Agricultural Zone District. Section 31.4 of the Weld County Zoning
Ordinance provides for agricultural service establishments in the
Agricultural Zone District, which would include onion storage and
processing.
c. Section 24.4.2.3 -- The uses which would be permitted will be compatible
with the existing surrounding land uses. Surrounding land uses include
residential uses and vacant agricultural land. Amended Use by Special
Review Permit#1191 for an agricultural service establishment to
manufacture and assemble agricultural implements and to repair and sell
farm machinery is located northeast of the site. The Conditions of
Approval and Development Standards ensure the impacts to surrounding
properties are minimal.
d. Section 24.4.2.4 -- The uses which would be permitted will be compatible
with future development of the surrounding area as permitted by the
existing zoning and with the future development as projected by the
Comprehensive Plan or Master Plans of affected municipalities. This
proposal is located within the referral area of the Towns of Ault, Pierce
and Eaton; however, it is not within their Urban Growth Boundaries. The
Towns which responded indicated no conflicts.
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 use is proposed to be located in the
A (Agricultural) Zone District, and the applicant has demonstrated a
diligent effort has been made to conserve prime agricultural land in the
locational decision for the proposed use. The site in which this use is
proposed is 2.77 acres; has been historically used as an onion and farm
machinery storage facility; and has not been farmed.
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 the health, safety and welfare of the inhabitants of the
neighborhood and County.
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SPECIAL REVIEW PERMIT#1238 - JOHN EICHMAN AND HAROLD TATEYAMA AND SONS
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of John Eic:hman and Harold Tateyama and Sons,
ck A. Bruce Johnson for a Site Specific Development Plan and Special Review Permit #1238 for
an Excavation 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
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 60
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The applicant shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment. The plan shall include at
a minimum, the following:
1) A list of wastes which are expected to be generated on site,
including expected volumes and types of waste generated.
2) A list of the type and volume of chemicals expected to be stored
on site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
B. A detailed landscaping plan identifying the number, size and species of
landscaping materials/buffering materials, which shall be submitted to the
Department of Planning Services for review and approval. The plan shall
also address maintenance of the landscaping materials and potential
replacement of dying materials. The approved plan shall be delineated on
the plat map.
C. The applicant shall submit an On-Site Improvements Agreement for
landscaping.
D. All outdoor storage shall be screened from adjacent properties and public
rights-of-way.
E. The plat shall be amended to delineate the following:
1) The proposed access ramp/loading dock.
2) The location of the future residence and office.
3) The location of proposed signage. Signs must comply with
Section 42 of the Weld County Zoning Ordinance.
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SPECIAL REVIEW PERMIT#1238 - JOHN EICHMAN AND HAROLD TATEYAMA AND SONS
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F. The applicant shall provide evidence to the Department of Planning
Services that an access permit from the Colorado Department of
Transportation was granted for access to State Highway 14 or evidence
that the applicant has complied with the requirements of the Colorado
Department of Transportation.
G. The applicant shall submit a plan to the Weld County Public Works
Department, which identifies a small retention area to hold any storm
water drainage runoff that may occur from the existing metal building or
drainage patterns. It appears the drainage pattern will collect and hold
water at the southwest corner of the site. If the applicant chooses to
utilize the existing pond directly southwest of the property line, written
permission must be obtained from the adjacent property owner. An
approved copy of this plan or written permission from the adjacent
property owner shall be submitted to the Department of Planning
Services. Upon approval by Weld County Public Works Department, the
plan shall be delineated on the plat.
H. The applicant shall complete all Conditions of Approval attached to
Recorded Exemption #2525.
3. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of September, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
n I WELD COUNTY, COLORADO
ATTEST: 1 1 .I' EXCUSED
‘o Dale K. Hall, Chair
Weld County Clerk to the['.ara ' ■
'
1341 ,a te R XCUSED DATE OF SIGNING (AYE)
.' 1 � •� _
'�qe1�►� arbar9 J. Kirkmeyer, P -Tem
BY: _ Jac • e
Deputy Clerk to the B
eorge . axter
APPROVED�TO FORM: r
1 J.(Geile �j / r,
-Pnaunty Attorney EXCUSEDDATE or SIGNING (AYE)
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN EICHMAN AND HAROLD TATEYAMA AND SONS
USR#1238
1. The Site Specific Development Plan and Special Review Permit#1238 is for an
Excavation Business in the A (Agricultural) Zone District, as indicated 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 (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-101, C.R.S.) 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 commercial limit of 60 db(A)
as measured according to Section 25-12-102, C.R.S.
7. Adequate toilet facilities shall be provided for the employees.
8. An individua. sewage disposal system is required for the proposed office 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 Individual Sewage Disposal Regulations.
9. An individua Sewage Disposal System is required if a residence is constructed and
shall be installed according to the Weld County I.S.D.S. Regulations.
10. In accordance with the Above Ground Storage Tank Regulations (7CCR 1101-14) a
spillage retention berm shall be constructed around the fuel tanks. 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.
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Control
Act and Regulations.
12. No on-site disposal of produce of any type shall be permitted at any time. Produce shall
be handled and stored at the facility in such a manner so that no nuisance is created by
odor, blowing of debris, fugitive dust, or spoiled produce on or around the facility.
13. The facility shall utilize the existing public water supply (North Weld Water District).
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DEVELOPMENT STANDARDS - JOHN EICHMAN AND HAROLD TATEYAMA AND SONS
(USR#1238)
PAGE 2
14. The application materials indicate an easement on Lot B of Recorded Exemption #2525
for a septic system leach field. The applicants and owners of both lots shall submit a
joint maintenance agreement. This agreement should include access necessary for
maintenance.
15. The applicant shall place dust suppressant throughout the circulation and parking area a
minimum of twice a year. There are two structures directly east and south of State
Highway 14 that may be affected by the additional heavy equipment and parking.
16. The waste dumpster located on the property shall be screened from all adjacent
properties and public rights-of-way.
17. The hours of operation shall be from 7:00 a.m. to 6:00 p.m. as indicated in the
application materials.
18. The landscaping on site shall be maintained in accordance with the approved
Landscaping Plan.
19. The future residence and office will require engineered foundations and an open hole
inspection conducted by a Geotechnical Engineer.
20. If deemed necessary by the Weld County Building Inspection Department, the future
office shall be designed by an architect or engineer licensed by the State of Colorado.
21. The property owner or operator shall be responsible for complying with the Design
Standards or Section 24.5 of the Weld County Zoning Ordinance.
22. The property owner or operator shall be responsible for complying with the Operation
Standards o1 Section 24.6 of the Weld County Zoning Ordinance.
23. Personnel from the Weld County Departments of Public Health and Environment and
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. Substantial 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 Board of 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.
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DEVELOPMENT STANDARDS - JOHN EICHMAN AND HAROLD TATEYAMA AND SONS
(USR#1238)
PAGE 2
13. The application materials indicate an easement on Lot B of RE-aecord id.. :emption#2525
for a septic system leach field. The applicants and owners of both lots shall submit a joint
maintenance agreement. This agreement should include access necessary for
maintenance. (I lealth Dept.)
14. The applicant shall place dust suppressant throughout the circulation and parking area a
minimum of twice a year. There are two structures directly east and south of State
Highway 14 that may be affected by the additional heavy equipment and parking. (r'utHi,,
Works)
15. The waste dumpster located on the property shall be screened from all adjacent properties
and public rights-of-way. (Planning Dept.)
16. The hours of operation shall be from 7:00 a.m. to 6:00 p.m., as indicated in the application
materials. (Planning Dept.)
17. The landscaping on site shall be maintained in accordance with the approved Landscaping
Plan. (Planning Dept.)
18. The future residence and office will require engineered foundations and an open hole
inspection conducted by a Geotechnical Engineer. (Building Inspection)
19. If deemed necessary by the Weld County Building Inspection Department,the future office
shall be designed by an architect or engineer licensed by the State of Colorado. (DailJi11y
Inspection
20. 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.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance,asamended.
22. Personnel from the Weld County Deparkments of Public Health and environment and
Department and Weld County Planning $etvicesDepartment 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.
23. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial 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 CommissionBoard of
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.
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DEVELOPMENT STANDARDS - JOHN EICHMAN AND HAROLD TATEYAMA AND SONS
(USR Tf1238)
PAGE 3
24. 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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