HomeMy WebLinkAbout991059.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW' PERMIT
#1218 FOR A HOME BUSINESS (STORAGE UNITS) IN THE A (AGRICULTURAL)
ZONE DISTRICT - CHARLES AND GAIL SCHNUERLE
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 12th day
of May, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Charles and Gail Schnuerle, 1261 95th Avenue, Greeley, Colorado
80634, for a Site Specific Development Plan and Special Review Permit #1218 for a Home
Business (storage units) in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Lot A of Recorded Exemption #1401, being a
portion of the E'/z NE'% and NE'/ SE% of
Section 12, Township 5 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS., said applicant was 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 Fanning 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 24.3.1.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. A. Goal 2 allows for commercial and industrial
uses to locate in the Agricultural Zone District when the impact to
surrounding properties is minimal, and where adequate services and
infrastructure are available. The Development Standards, Conditions of
Approval, and Operations Standards will effectively mitigate any adverse
impacts to surrounding areas. Currently, water is provided by the City of
Greeley and a private well. There is a septic system for the existing
home and future office. The Weld County Health Department is requiring
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SPECIAL REVIEW PERMIT#1218 - CHARLES AND GAIL SCHNIJERLE
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public restrooms and this has been addressed in the Development
Standards. Due to the size of the parcel, no prime farm ground will be
taken out of production.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.15 describes a Home
Business as a Use by Special Review in the A (Agricultural) Zone District.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance, and will be 'compatible with future
development of the surrounding area. The proposal is compatible with
surrounding land uses which include agricultural production, including a
dairy and a few residences. The existing residence will be maintained in
its current condition, and will be used as an office by the homeowners.
The applicants are proposing some landscaping along 95th Avenue,
which would help mitigate the impacts to surrounding property owners.
d. Section 24.3.1.4 -- The proposed uses 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 proposal and determined that this proposal does
not comply with the policies or intent of the City's Comprehensive Plan.
Conditions of Approval and Development Standards have been added to
address the concerns of the City of Greeley.
e. Section 24.3.1.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.3.1.7 --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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Charles and Gail Schnuerle for a Site Specific
Development Plan and Special Review Permit#1218 for a Home Business (storage units) 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
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 30
days of approval by the Board of County Commissioners.
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SPECIAL REVIEW PERMIT#1218 - CHARLES AND GAIL SCHNIJERLE
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2. Prior to recording the plat:
A. The applicant shall submit a Landscaping Plan to the Department of
Planning Services for review and approval. The Landscaping Plan shall
indicate location and species of all plant materials, planting
implementation schedule and landscape maintenance plan.
B. The plat shall be amended to delineate the following:
1) The approved Landscaping Plan.
2) The approved drainage and detention area.
3) A typical cross section of the driveway, including width and depth
of roadway and type of surface.
4) The revised Circulation Plan.
C. The Weld County Department of Public Health and Environment,
Environmental Protection Service Division, was unable to locate a septic
permit for the septic system serving the existing residence which will be
used as an office. The septic system shall be reviewed by a Colorado
Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be
submitted to the Weld County Department of Public Health and
Environment, Environmental Protection Service Division. In the event the
system is found to be inadequately sized or constructed, the system shall
be brought into compliance with current regulations. As an alternative, if
a septic permit does exist, a copy of that permit may be submitted to the
Weld County Department of Public Health and Environment.
D. 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.
E. The attached Development Standards shall be placed on the plat.
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SPECIAL REVIEW PERMIT#1218 - CHARLES AND GAIL SCHNUERLE
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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 May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
r /. EL OUNTY rOL RADO
ATTEST: Nuys/
Daly K. Hall, Chair
Weld County Clerk to B ,,��. A //,/> �4 Ifil C!, \y ":11.0 +�� /Bar ra J. Kirkmeyer, PX -Tem
BY: '.o' f - �, s :.' / _�
Deputy Clerk to the ft+ ', ' ,� L�`� ' l/max-e,
u Ge e E. xter
AP O AS TO FORM:
M. J. eile
my Attorney i
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHARLES AND GAIL SCHNUERLE
USR #1218
1. The Site Specific Development Plan and Special Use Permit for a Home Business,
specifically, storage units, in the A(Agricultural)Zone District, as indicated in the application
materials on file 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.
3. The hours of operation are from 8:00 a.m. to 6:00 p.m., seven days a week.
4. The facility will consist of four prefabricated metal buildings.
5. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the A (Agricultural) Zone District.
6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. 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.
10. Any lighting used to illuminate the storage area, outside activity area, sign or other structure
shall be arranged as to deflect light away from any adjoining residential zone and from
county roads. Any lighting shall be designed, located, and operated in such a manner as
to meet the following standards: sources of light shall be shielded so that beams or rays
of light will not shine directly onto adjacent properties; neither the direct nor reflected light
from any light source may create a traffic hazard to operators of motor vehicles on public
or private streets.
10. The facility shall utilize the existing septic system on site.
11. Adequate toilet facilities shall be provided for the public.
12. The facility shall utilize the existing public water supply from the City of Greeley.
13. The southern portion of the proposed units shall accommodate a 25-foot driving lane to
provide adequate circulation. Dead end streets (not cul-de-sacs) shall not be permitted.
14. A dust suppressant shall be placed on the driveways, parking area and loading zones to
control any dust problems.
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15. Exterior bearing walls less than five feet from the property line require one-hour fire
resistive construction. Prior to the release of building permits, blue prints must be
submitted and shall include engineered foundation and structural drawings.
16. The storage buildings shall meet all building and fire codes.
17. The storage buildings shall be painted with an earth-tone color, approved by the Weld
County Department of Planning Services, to blend in with the landscaping. The structures
must be kept in good repair at all times.
18. All items within the storage unit area must be stored within the structures at all times. No
outdoor storage will be allowed.
19. A trash receptacle must be provided for the public and must be screened from all adjacent
properties and public rights-of-way.
20. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning 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 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 skated hereon and all applicable Weld County regulations.
24. 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 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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