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HomeMy WebLinkAbout971205.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1149 FOR A STORAGE FACILITY FOR RECREATIONAL VEHICLES, CAMPERS, AND BOATS - DAVID B. AND KIMBERLY K. ORR 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 25th day of June, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of David B. and Kimberly K. Orr, 580 South Pine, P.O. Box 132, Keenesburg, Colorado 80643, for a Site Specific Development Plan and Special Review Permit#1149 for a storage facility for recreational vehicles, campers, and boats on the following described real estate, to-wit: Lot A of RE#1979 in part of the SW1/4 of Section 23, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, David B. Orr, 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 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 -That the proposal is consistent with the intent of the Weld County Comprehensive Plan. This proposal is located within the Urban Growth Boundary area of the Town of Keenesburg. Keenesburg reviewed the request and found no conflicts with its interests. 971205 aJ; Orrr, PL1121 L�C • PLC Pt();�E.l � SPECIAL REVIEW PERMIT#1149 - ORR PAGE 2 B. Section 24.4.2.2-That the proposal is consistent with the intent of the district in which the use is located. The property is zoned A (Agricultural), and the proposed uses are provided for by approval of a Special Review Permit in accordance with Section 31.4.20 of the Weld County Zoning Ordinance, which allows for uses similar to those listed as Uses by Special Review in Section 31.4. The soils on the property are not classified prime agricultural, nor are they irrigated. C. Section 24.4.2.3 -That the uses which would be permitted will be compatible with the existing surrounding land uses. The proposed recreational storage facility appears to be compatible with the surrounding uses, which are a salvage yard, communication tower, and agricultural production. A previous land use on this site was a poultry farm of which the existing outbuildings and residences were a part. D. Section 24.4.2.4 -That the uses which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with future development as projected by the comprehensive plan or master plans of affected municipalities. Conditions of Approval and Development Standards associated with this Special Review Permit will ensure that uses on the site remain compatible with the surrounding area. The proposal appears to comply with future development projected for the surrounding area, as stated by the Town of Keenesburg. E. Section 24.4.2.5-That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District regulations, if the proposal is located within the Overlay District Areas identified by maps officially adopted by Weld County. The request does not affect any Overlay District areas of the County. F. Section 24.4.2.6- That if the use is proposed to be located in the A-District, the applicant has demonstrated a diligent effort has been made to conserve agricultural land in the locational decision for the proposed use. Agricultural structures, two residences, and one mobile home are presently existing on the property. The site proposed for the Special Review activity is not prime agricultural ground, nor has it been used in the past for agricultural production. 971205 PL1121 SPECIAL REVIEW PERMIT#1149 - ORR PAGE 3 G. Section 24.4.2.7- That there is adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design standards (Section 24.5) and Operation standards (Section 24.6) of the Weld County Zoning Ordinance, as well as Conditions of Approval and Development Standards associated with this Special Review Permit, will ensure protection of the health, safety, and welfare of the surrounding area and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of David B. and Kimberly K. Orr for a Site Specific Development Plan and Special Review Permit#1149 for a storage facility for recreational vehicles, campers, and boats 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 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The existing septic system (Permit No. G-889075) located in the shop/barn 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 (including patron and employee usage). The Engineer's review shall be submitted to the Environmental Protection Services Division of the Weld County Health Department. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. 3. Prior to commencement of the Special Review activity: A. The proposed access and driveway to the site shall be constructed in accordance with the application materials and the requirements of the Weld County Public Works Department as follows: 1. The proposed access shall be placed approximately 175 feet east of the existing access from Weld County Road 18. 971205 PL1121 SPECIAL REVIEW PERMIT#1149 - ORR PAGE 4 2. The proposed access shall be at least 24-feet wide with 40-foot radiuses to Weld County Road 18. 3. The driveway to be composed of recycled asphalt shall be wetted, compacted, and rolled to provide adequate access to the facility. 4. The gate to the facility shall be situated to allow sufficient space between the gate and Weld County Road 18 to allow parking/storage of one large moving truck or truck and trailer combination. B. An eight (8)-foot chain link fence shall be constructed around the perimeter of the recreational storage facility. A lockable gate shall be constructed at the entrance to the facility on Weld County Road 18. 4. 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 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 25th day of June, A.D., 1997. BOARD OF COUNTY COMMISSIONERS opo, itior WE COUNTY, COLORADO �a�ry ►i ' George . Baxter, Chair ,1Ki , „ to the Board ,2 II 410 /� ) nstance L. Harbert, -ro-`- i�iR�ww Jerk to the Board ` ,� Dale K. Hall AP-PR ED AS TO-FOBM: EXCUSED Barbara J. Kirkmeyer ounty Att6rn y z �-- ��z b W. H. er 971205 PL1121 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DAVID B. AND KIMBERLY K. ORR USR#1149 1. The Site Specific Development Plan and Special Review Permit is for a storage facility for recreational vehicles, campers, boats and similar items 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. Storage of all recreational vehicles, campers, boats, etc., shall occur inside the storage structures. No outside storage of items associated with the Special Review activity shall be allowed. 4. The hours of operation at the Special Review facility shall be limited to 6 a.m. to 10 p.m., seven days per week. 5. An eight (8)-foot chain link fence shall entirely enclose the Special Review facility. The fence shall be adequately maintained at all times. 6. The two (2) permanent dwellings and one (1) mobile home existing on the property shall be allowed for residential use by owners and employees of the recreational storage facility. Use of the mobile home shall be established through the Special Review Permit and revalidated on an annual basis as follows: Evidence shall be submitted by the applicant/property owner by the first of each year for review and acceptance by the Department of Planning Services verifying that the mobile home occupant(s) is principally employed at or engaged in the operation of the recreational storage facility on this site. Any lease or agreement concerning the third residence shall reflect the responsibilities of the occupant to assist in the care of the facility. In the event that a third residence is not needed in the operation of the recreational storage facility, the mobile home shall be removed from the property. 7. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the commercial limit of 60 dBA as measured according to 25-12-102, Colorado Revised Statutes. 971205 PL1121 DEVELOPMENT STANDARDS - ORR (USR#1149) PAGE 2 11. All patrons of the recreational storage facility shall be allowed access to the restroom located in the barn/shop on the property. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. 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. 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. 971205 PL1121 Hello