HomeMy WebLinkAbout961840.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1124 FOR TO PARK AND STORE CONSTRUCTION EQUIPMENT IN
THE A (AGRICULTURAL) ZONE DISTRICT - HARLAN WALL
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 9th day of
October, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Harlan Wall, 310 South 22nd Avenue, Brighton, Colorado 80601, for
a Site Specific Development Plan and Special Review Permit#1124 to park and store
construction equipment in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Part of the E1/2 of Section 29, Township 1 North,
Range 65 West of the 6th P.M., Weld County, Colorado
WHEREAS, Harlan Wall, 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 24.3.1.1 -- This proposal is consistent with the Weld County
Comprehensive Plan, as amended. The 100-acre site is currently being
used for agricultural production with the exception of the south 1.5 acres
separated off from the site by the Neres Ditch. This 1.5-acre portion is
the area in which the Special Review activity is currently being
performed. The 1.5 acres are not an agriculturally productive portion of
the site due to its separation from the remainder of the property by the
ditch. By containing the Special Review activity to the 1.5 acres, the
proposal attempts to preserve the remainder of the site (98 acres) for
agricultural purposes which foster the economic health and continuance
of agricultural and is consistent with A.Goal 1 of the Weld County
Comprehensive Plan.
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SPECIAL REVIEW PERMIT#1124 - HARLAN WALL
PAGE 2
B. Section 24.3.1.2 --This proposal is consistent with the intent of the
A (Agricultural) Zone District. The property is zoned Agricultural, and the
proposed uses are provided for by approval of a Use by Special Review
Permit. This proposal is consistent with A.Policy 2 of the Comprehensive
Plan, Section 24.3.1.3 of the Weld County Zoning Ordinance, as
amended, by locating in an area that minimizes the removal of prime
agricultural land from production.
C. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.4 of the
Weld County Zoning Ordinance, as amended and will be compatible with
future development of the surrounding area. The surrounding properties
are zoned A (Agricultural). This proposal is consistent with A.Policy 4.1.8
of the Weld County Comprehensive Plan by clustering the use on the 1.5-
acre portion of the site to minimize the impacts on the remainder of the
site as well as on surrounding agricultural land. Conditions of Approval
and Development Standards ensure that the proposed uses will remain
compatible with the existing surrounding land uses.
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. As stated
above, this site is located in the Agricultural Zone District and is provided
for by a Use by Special Review Permit. The site is not located within an
urban growth boundary area; however, it is located within the referral
boundary of the Town of Lochbuie. The Department of Planning Services
did not receive a response from the Town of Lochbuie.
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 24.3.1.6 --The applicant has demonstrated a diligent effort to
conserve productive agricultural land by containing the Special Review
activity on the 1.5 acres of the site. As stated above, this portion of the
site is separated off from the rest of the site by the Neres Ditch.
G. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance, as amended), Operation Standards
(Section 24.6 of the Weld County Zoning Ordinance, as amended),
Conditions of Approval, and Development Standards ensure there are
adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
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SPECIAL REVIEW PERMIT#1124 - HARLAN WALL
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Harlan Wall for a Site Specific Development
Plan and Special Review Permit#1124 for to park and store construction equipment 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 within
15 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. Prior to recording the plat:
A. All accesses shall be clearly delineated on the plat.
B. The applicant shall adhere to the application requirements for the Vicinity
Map and Plot Plan Map stated in Section 24.7.4 Special Review Permit
Map in the Weld County Zoning Ordinance, as amended.
C. The applicant shall submit a screening plan to be reviewed and approved
by the Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
L e WELD COUNTY, COLORADO
,Aq`y:� � GL� I FxCi Ism
4"� ,�� ' r Barba J. Kirkmeyeair,
,,,%ev4t� el 'my Clerk to the Board 4
®� � ��L. �_. rge F!Baxter, Pro e
ter+
Deputy Clerk '9the Board - + J&_t4'4 1 0'
Dale K. Hall
APPR D AS TO FORM: ge279-5.."-k-,7>e v , _��<- C'
Constance L. Harbert
ounty ttor y /410 i �i11lX t
W. H. Webster
961840
PL1040
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HARLAN WALL
USR#1124
1. The Site Specific Development Plan and Special Review Permit is to park and store
construction equipment 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, 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.
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. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A),
as measured according to 25-12-102, Colorado Revised Statutes.
8. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. A
vault system approved by the Weld County Health Department shall be acceptable.
9. The Special Review activity shall be adequately screened through the use of
landscaping and/or fencing to minimize negative impacts on surrounding properties.
10. That portion of the site used for the Special Review activity which abuts a public or
private street right-of-way shall be landscaped for a distance of ten (10) feet
measured at a right angle from the lot line towards the interior of the lot, as stated
in Section 23.2.1.11.2 of the Weld County Zoning Ordinance.
11. That portion of the site used for the Special Review Activity shall be maintained in such
a manner that grasses and weeds are not permitted to grow taller than twelve (12)
inches. The property owner shall not allow the growth of noxious weeds, as stated in
Section 23.2.1.15.7 in the Weld County Zoning Ordinance.
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, as amended.
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DEVELOPMENT STANDARDS - HARLAN WALL (USR#1124)
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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, as amended.
15. During construction, no materials shall be stockpiled nor vehicles stored on County
roads. All materials and vehicles shall be contained on the site or on adjacent
properties.
16. 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.
17. 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 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.
18. 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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