HomeMy WebLinkAbout981795.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1191 FOR AN AGRICULTURAL SERVICE, TO MANUFACTURE AND ASSEMBLE
AGRICULTURAL WEEDBURNERS AND FARM CROP SPRAYERS, AND TO STORE,
REPAIR, AND SELL FARM MACHINERY IN THE A (AGRICULTURAL) ZONE
DISTRICT - STANLEY HEINZE
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 30th day
of September, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Stanley Heinze, 15415 Colorado Highway 14, Ault, Colorado 80610,
for a Site Specific Development Plan and Special Review Permit#1191 for an Agricultural
Service, to manufacture and assemble agricultural weedburners and farm crop sprayers, and to
store, repair, and sell farm machinery in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Lot A of RE #902; Part of the SW'/ of Section 10, Township 7
North, Range 66, West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was presented 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 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 manufacture
and assemble agricultural implements and to repair and sell farm
machinery. This use has minimal impacts on surrounding properties.
A.Goal 1 encourages the preservation of prime farmland for agricultural
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SPECIAL REVIEW PERMIT#1191 - STANLEY HEINZE
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purposes which foster the economic health and continuance of
agriculture. This proposal is located on a small parcel of land that has
been used historically as an onion storage facility. Therefore, no prime
farmground is taken out of production.
b. Section 24.4.2.2 --That the proposal is consistent with the intent of the
district in which the use is located. Section 31.4.2 of the Weld County
Zoning Ordinance provides for Agricultural Service establishments,
including farm equipment sales, repair, and installation facilities. The
proposal is consistent with the intent of the A (Agricultural) Zone District,
as this establishment will serve the surrounding Agricultural community.
c. Section 24.4.2.3--That 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. The Conditions
of Approval and Development Standards ensure the impacts to
surrounding properties are minimal.
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 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 and
Pierce; however, it is not within the Urban Growth Boundary of either
town. Both towns responded with no conflicts with their interests.
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--That if the use is proposed to be located in the
A (Agricultural) Zone District, 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
1.73 acres and has been historically used as an onion 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, as amended), Operation Standards (Section 24.6 of
the Weld County Zoning Ordinance, as amended), 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 Stanley Heinze for a Site Specific Development Plan
and Special Review Permit#1191 for an Agricultural Service, to manufacture and assemble
agricultural weedburners and farm crop sprayers, and to store, repair, and sell farm machinery in
the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is,
granted subject to the following conditions:
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1. The attached Development Standards for Special Review Permit#1191 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.
2. Prior to recording the plat:
A. The Environmental Protection Services Division of the Weld County
Health Department was unable to locate a septic permit for the septic
system serving the existing structure. The septic system serving the
existing structure must be permitted. Prior to permitting, 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 systems ability to handle the proposed hydraulic load. The
review shall be submitted to the E.P.S. 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.
B. The applicant shall submit to the Department of Planning Services, for
review and approval, a detailed Landscape/Screening Plan to address all
existing and proposed screening on the site, including the type and height
of fencing material used, species and height of all trees on the site. The
Landscaping/Screening Plan shall include a Maintenance Plan for all
living material to be utilized in the screening efforts.
C. The applicant shall provide evidence of an adequate water supply, to the
Department of Planning Services.
D. The applicant shall submit a Storm Water Drainage Plan to the
Department of Public Works for review and approval. A retention area to
hold any storm water runoff that may occur from the existing metal
building. The retention area must be delineated on the plat. An
approved copy of this plan shall be submitted to the Department of
Planning Services.
E. The plat shall be amended to delineate the reduced width of the driveway
to 35 feet and increase the radii, to accommodate larger vehicle types.
F. The plat shall be amended to add the word "ownership" to the City of
Thornton properties surrounding the proposal.
G. The applicant shall vacate USR #745 for the onion storage facility.
H. The attached Development Standards shall be placed on the plat.
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SPECIAL REVIEW PERMIT#1191 - STANLEY HEINZE
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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 30th day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORAD
ATTEST: �1 It "7. �'2iz.ft eC�
Constance L. Ha bert, Chair
Weld County ClerkBy: els
•
W. H. i-bster, Pro-Tem
Deputy Clerk to th' r'� .� Alas der -r
•rge . Baxter
O D AS FORM: _ H. %1lil A_-;
1/40 ale K. Hall
unty Att rney ,j i sits% , 22Ze
:arbara J. Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STANLEY HEINZE
USR#1191
1. The Site Specific Development Plan and Special Use Permit#1191 is to manufacture
and assemble agricultural weedburners, farm crop sprayers and other similarly
manufactured parts, and to store, repair and sell farm machinery 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. No permanent disposal of wastes shall be permitted at this site.
4. Fugitive dust shall be controlled on this site.
5. The facility shall utilize the existing public water supply.
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. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
8. The maximum permissible noise level shall not exceed the light industrial limit of
70 db(A), as measured according to Section 25-12-102, C.R.S., as amended.
9. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 Colorado Water Quality
Control Act and Rules and Regulations thereof.
10. The septic system serving the existing structure shall be brought into compliance with
current Weld County Health Department regulations.
11. All construction on the property shall be in accordance with the Weld County Building
Code Ordinance.
12. The hours of operation are from 7:00 a.m. to 7:00 p.m., Monday through Sunday.
13. The waste dumpster located on the property shall be screened from all adjacent
properties and public rights-of-way.
14. The landscaping on site shall be maintained in accordance with the approved
landscaping plan.
15. All outside storage is limited to Agricultural related implements.
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16. 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.
17. 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.
18. Personnel from the Weld County Health Department and Weld County Planning
Department 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.
19. 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 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.
20. 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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