HomeMy WebLinkAbout20230140.tiffRESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0015, FOR
AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN
PERFORMING AGRICLUTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING FARM EQUIPMENT
SALES, REPAIR AND INSTALLATION FACILITIES AND USES SIMILAR TO THE
USES LISTED AS USES BY SPECIAL REVIEW (MANUFACTURING OF SPECIALIZED
GOOSENECK HITCHES) AS LONG AS THE USE COMPLIES WITH THE GENERAL
INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION
#2012-1227, DATED MAY 16, 2012 - DEWEY AND DOROTHY MARCY
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, on May 16, 2012, the Board approved the application of Dewey and
Dorothy Marcy, 24576 County Road 64, Greeley, Colorado 80631, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0015 for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including farm equipment sales, repair and installation facilities
and uses similar to the uses listed as uses by special review (manufacturing of specialized
gooseneck hitches) as long as the use complies with the general intent of the A (Agricultural)
Zone District, on the following described real estate, to -wit, and:
Lot B of Recorded Exemption, RE -1251; being part
of the N1/2 SW1/4 of Section 1, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on January 9, 2023, the Board was presented with a letter, dated
September 24, 2021, from the applicant requesting the withdrawal of the application, stating the
business has closed, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to grant the
applicant's request and thereby accept the withdrawal of the application and to rescind Resolution
#2012-1227, dated May 16, 2012.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Dewey and Dorothy Marcy to withdraw the application for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0015, for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry
or horticultural services on a fee or contract basis, including farm equipment sales, repair and
installation facilities and uses similar to the uses listed as uses by special review (manufacturing
of specialized gooseneck hitches) as long as the use complies with the general intent of the
A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, accepted.
cc: PL(TP/l4.J/Ko), PtFPL•
02/03/23
2023-0140
PL2160
ACCEPT WITHDRAWAL REQUEST AND RESCIND USR12-0015 - DEWEY AND
DOROTHY MARCY
PAGE 2
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2012-1227, dated May 16, 2012, be, and hereby is, rescinded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dadtvio •aC L:4.
Weld County Clerk to the Board
y = torney
Date of signature: of /I7/23
Mike man, Chair
2023-0140
PL2160
MEMORANDUM
TO: Board of County Commissioners
DATE: December 19, 2022
FROM: Kim Ogle, Planning Services
SUBJECT: Request to withdraw and rescind USR12-0015
The Board of County Commissioners at the May 16, 2012 land use hearing approved a request for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0015, is for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including farm equipment sales, repair and installation facilities and
uses similar to the uses listed as uses by special review (manufacturing of specialized gooseneck
hitches) as long as the use complies with the general intent of the A (Agricultural) Zone District in favor
of Dewey and Dorothy Marcy.
The conditions of approval and the recording of the associated USR12-0015 map was not perfected.
The applicant, Dewey Marcy submitted an undated letter stamped received by the Department of
Planning Services on September 24, 2021, expressing
"I wish to withdraw my] application for a special use permit as I closed the business."
On behalf of Dewey and Dorothy Marcy, the Department of Planning Services respectively requests
support of this request.
2023-0140
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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0015, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
FARM EQUIPMENT SALES, REPAIR AND INSTALLATION FACILITIES AND USES
SIMILAR TO THE USES LISTED AS USES BY SPECIAL REVIEW
(MANUFACTURING OF SPECIALIZED GOOSENECK HITCHES) AS LONG AS THE
USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE
DISTRICT - DEWEY AND DOROTHY MARCY
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 16th day
of May, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dewey and Dorothy Marcy, 24576 County Road 64, Greeley,
Colorado 80631. for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0015, for an Agricultural Service Establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including farm
equipment sales, repair and installation facilities and uses similar to the uses listed as uses by
special review (manufacturing of specialized gooseneck hitches) as long as the use complies
with the general intent of the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot B of Recorded Exemption. RE -1251; being part
of the N1/2 SW1/4 /4 of Section 1, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2 It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230. B of the Weld County Code as follows:
\ a
2012-1227
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SPECIAL REVIEW PERMIT (USR12-0015) - DEWEY AND DOROTHY MARCY
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Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance- in effect.
Section 22-2-20.A (A.Goal 1) states, "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture." Section 22-2-20.B.2 (A.Policy 2.2) states, "Allow commercial
and industrial uses, which are directly related to, or dependent upon,
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be encouraged
to locate in areas that minimize the removal of agricultural land from
production." Section 22-2-20.G (A.Policy 7.1) states, "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within the
agricultural areas, when the impact to surrounding properties is minimal,
or can be mitigated, and where adequate services are currently available
or reasonably obtainable." Section 22-6-20.A (ECON.Goal 1) states,
"Encourage the expansion of existing businesses and the location of new
industries that will provide employment opportunities in the County."
Section 22-6-20.A.2 (ECON. Policy 1.2) states, "Promote the expansion
and diversification of the commercial economic base to achieve a
well-balanced commercial sector in order to provide a stable tax base and
a variety of job opportunities for County citizens." The applicant is
proposing to use the property for the manufacturing of specialized
gooseneck hitches and for farm implement repair.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.6.7 and 23-3-40.W of
the Weld County Code provide for a Site Specific Development Plan and
Use by Special Review Permit for Agricultural Service Establishments
primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including: farm equipment
sales, repair and installation facilities and uses similar to the uses listed
as Uses By Special Review (manufacturing of specialized gooseneck
hitches) as long as the use complies with the general intent of the
A (Agricultural) Zone District. In the referral from Zoning Compliance,
dated March 14, 2012, it was stated that an active Complaint
(COMP11-00228) was noted. This complaint was from a private citizen
and was initiated due to the operation of anagricultural equipment
manufacturing operation without the necessary zoning permits. This case
has not yet proceeded to the County Court phase. This application, if it is
approved and a plat is recorded, will correct the. violation.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties have large tract agricultural lands to the north ands west, with
the Cache La Poudre River and Ogilvy Ditch adjacent to the south, and
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the CDOT facility to the north. There are seven (7) property owners on
five (5) parcels within 500 feet of this proposed facility. There have been
no letters, electronic mail, or telephone calls received for this land use
proposal. Should there be any outside storage of materials, a Screening
Plan will be required. The Conditions of Approval and Development
Standards will ensure that this use will be compatible with surrounding
land uses.
d. Section 23-2-230.B.4- -- The uses which will 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
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within three miles of the City of
Greeley, and the Town of Kersey. The City of Greeley returned a referral,
dated April 5, 2012, indicating no conflict from Planning and had several
recommendations for the Civil Engineering component. The Town of
Kersey returned a referral, dated March 27, 2012, indicating no conflict
with its interests.
e. Section 23-2-230.B.5 — The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within a
recognized overlay district, including the Special Flood Hazard Area
Overlay District. Portions of the property south of the Ogilvy Ditch are
located in the 100 -year floodplain of the Cache La Poudre River.
Currently, there is no development shown south of the ditch. As long as
the development stays out of the floodplain, a Flood Hazard Development
Permit (FHDP) is not required; however, if development is proposed in
the floodplain, an FHDP will be required. The site is not within the
Geologic Hazard Overlay District. Effective April 25, 2011, building
permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the proposed lots will be
required to adhere' to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land for the proposed use. The U.S.D.A.
Soils Maps of Prime Farmlands of Weld County, dated 1979, designated
the soils on this property "Other".. The site is a terrace bordered by
County Road 60.5 to,the north and the Ogilvy Ditch to the south, before
dropping down to the Cache La Poudre River floodplain. The site is
bisected by the Ogilvy Ditch, rendering half of the site inaccessible and
within the riparian corridor of the River. Given this condition, the
accessible land of the upland terrace currently has little agricultural
production; therefore, the applicant is utilizing the property for the highest
and best use.
2012-1227
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g. , Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), 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 Dewey and Dorothy Marcy, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0015, for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including farm equipment sales, repair and installation
facilities and uses similar to the uses listed as uses by special review (manufacturing of
specialized gooseneck hitches) as long as the use complies with the general intent of the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0015.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code. ,
3) The attached Development Standards.
4) County Road 60.5 is designated on the Weld County Road
Classification Plan as a Collector road, which requires 80 feet of
right-of-way at - full buildout. There is presently 60 feet of
right-of-way. An additional ten (10) feet shall be delineated on the
plat as future County Road 60.5 right-of-way. All setbacks shall
be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating
the right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
5) The City of Greeley 2035 Comprehensive Transportation Plan
states that Highway 263 (CR 60.5) is designated as a two-lane
minor arterial roadway, which requires 120 feet of right-of-way at
full buildout. There is presently 75 feet of right-of-way. An
additional 22.5 feet shall be delineated on the plat as future
Highway 263 (CR 60.5) right-of-way. All setbacks shall be
measured from the edge of future right-of-way.
6) The applicant shall delineate the on -site drainage facilities and
label them as a "Water Quality, No Build or Storage Area".
2012-1227
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SPECIAL REVIEW PERMIT (USR12-0015) - DEWEY AND DOROTHY MARCY
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7) The applicant shall show the approved accesses and label them
with the Access Permit number (will be provided).
8) All parking for this site must be off-street and internal and
delineated on the plot plan map. Each parking space shall be
equipped with wheel guards or curb blocks to prevent vehicles
from coming into contact with walls or other structures.
9) The plat shall reflect a vehicle tracking control pad, which should
consist of 100 feet of- asphalt with double cattle guards. This
should be shown on the plat drawing.
10) The plat shall reflect off-street parking spaces, including the
access drive, which shall be surfaced with gravel, asphalt,
concrete, or the equivalent, and shall be graded to prevent
drainage problems.
11) The application materials did not include a Lighting Plan. Should
exterior lighting be a part of this facility, all light standards shall be
delineated on the USR plat.
12) The application materials did not include a sign associated with
this facility. Should a sign be a part of this facility, the sign shall
be delineated on the USR plat and comply with the Weld County
Code.
13) The applicant shall delineate the location of the screened trash
dumpster.
B. The applicant shall submit, to the Department of Planning Services,
written evidence of acknowledgement with the City of Greeley referral
dated April 5, 2012.
C. The applicant shall submit, to the Department of Planning Services,
written evidence of acknowledgement with the State of Colorado Division
of Water Resources referral dated March 30, 2012.
D. The applicant shall address the requirements/concerns of the Weld
County Department of Public Health and Environment, specifically:
1) The applicant shall submit a Waste Handling Plan, for approval, to
the Environmental Health Services Division of the Weld County
Department oyublic Health and Environment. The plan shall
include at a minimum, the following:
a. A list of wastes which are expected to be generated on the
site (this should include expected volumes and types of
waste generated).
2012-1227
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SPECIAL REVIEW PERMIT (USR12-0015) - DEWEY AND DOROTHY MARCY
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b. A list of the type and volume of chemicals expected to be
stored on the site.
c. The waste handler and facility where the waste will be
disposed (including the facility name, address, and phone
number).
2) As the applicant intends to utilize the existing septic system for
employees and customers, 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 Environmental Health
Services Division of the Weld County Department of Public Health
and Environment. In the event the system is found to be
inadequately sized or constructed, it shall be brought into
compliance with current regulations.
3) The applicant shall submit evidence of an Air Pollution Emission
Notice (A. P. E.N.) and Emissions Permit application, from the Air
Pollution Control Division of the Colorado Department of Health
and Environment to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment,
for any use that will cause air emissions. Alternately, the applicant
may provide written evidence that they are not subject to these
requirements.
4) The applicant shall submit a Dust Abatement Plan, detailing
on -site dust control measures, for review and approval, to the
Environmental Health Services Division of the Weld County
Department of Public Health and Environment.
2. Prior to the Release of Building Permits:
A. A building permit will be required for the structure and any new
construction, alteration, or addition to any buildings or structures on the
property. It is recommended that a code analysis be done on the project
by a design professional with experience in this area.
B. A building permit application must be completed and two complete sets of
plans, including engineered foundation plans bearing a wet stamp of a
Colorado registered architect or engineer, must be submitted for review.
A Geotechnical Engineering Report, performed by a Colorado registered
engineer shall be required.
C. A plan review shall be approved, and a permit must be issued, prior to the
start of construction.
2012-1227
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SPECIAL REVIEW PERMIT (USR12-0015) - DEWEY AND DOROTHY MARCY
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D. Buildings and structures shall conform to the requirements of the codes
adopted by Weld County at the time of permit application. Current
adopted codes include the 2006 International Residential Code, 2006
Intemational Building Code, 2006 International, Mechanical Code, 2006
Intemational Plumbing Code, 2006 International Fuel Gas Code, 2006
Intemational Energy Conservation Code, 2011 National Electrical Code,
and Chapter 29 of the Weld County Code.
E. Building height shall be measured in accordance with the 2006
International Building Code for the purpose of determining the maximum
building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building.
F. The applicant shall provide a letter of notification from the Fire Protection
District having jurisdiction prior to any new construction.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions' of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners •
Resolution. The applicant shall be responsible for paying the recording fee.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to'
maps@co.weld.co.us.
5. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
2012-1227
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SPECIAL REVIEW PERMIT (USR12-0015) - DEWEY AND DOROTHY MARCY
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of May, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy CCUSED
EXCUSED
Sean P. C : ay Chair
William
G. ia, Pro-Tem
APP
orney
Date of signature: (l�'! `7, / d-
ra Kirkmeyer
?avid E. Long
C SCaln2
Douglas tademache
2012-1227
PL2160
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DEWEY AND DOROTHY MARCY
USR12-0015
The Site Specific Development Plan and Use by Special Review Permit, USR12-0015, is
for an Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including farm
equipment sales, repair and installation facilities and uses similar to the uses listed as
uses by special review (manufacturing of specialized gooseneck hitches) as long as the
use complies with the general intent of 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 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, 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. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions,. blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the rules and regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
• Non -Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility,•at all times. .
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DEVELOPMENT STANDARDS (USR12-0015) - DEWEY AND DOROTHY MARCY
PAGE 2
12. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
13. All potentially hazardous chemicals must be stored and handled in a safe manner, in
accordance with product labeling, and in a manner that minimizes the release of
hazardous air pollutants and volatile organic compounds.
14. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1).
15. The applicant shall obtain an Underground Injection Control (UIC) Class V Injection Well
permit from the Environmental Protection Agency (EPA) for any large -capacity septic
system (a septic system with the capacity to serve 20 or more persons per day).
16. This application is proposing a well as its source of water. The applicant shall be made
aware that while they may be able to obtain a well permit from ,the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards as defined by
the Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test their drinking water prior to consumption and periodically test it over
time.
17. • The 'operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
19. Pursuant to, Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, needs to be maintained at a maximum height of twelve
(12) inches until the area is completely developed.
20. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Parcel #096101000002 may not be
able to obtain building permits to construct non-agricultural structures. All construction
or improvements occurring in the floodplain, as delineated on Federal Emergency
Management Agency FIRM Community Panel Map #0802660645C, dated March 18,
1980, shall comply with the Flood Hazard Overlay District requirements of Chapter 23,
Article V, Division 3, of the Weld County Code and all applicable FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65.
21. Flood hazard development permits will be required for development activities located
within the FEMA mapped Cache La Poudre River floodplain. The FEMA definition of
2012-1227
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DEVELOPMENT STANDARDS (USR12-0015) - DEWEY AND DOROTHY MARCY
PAGE 3
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
22. The installation of any septic system within the 100 -year floodplain shall comply with the
Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed within the floodway.
23. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
24. A building permit will be required for the structure and any new construction, alteration,
or addition to any buildings or structures on the property. It is recommended that a code
analysis be done on the project by a design professional with experience in this area.
25. A building permit application must be completed, and two complete sets of plans,
including engineered foundation plans bearing a wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering Report,
performed by a Colorado registered engineer, shall be required.
26. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
27. Buildings and structures shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Current adopted codes include the 2006
International Residential Code, 2006 International Building Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code,
2006 International Energy Conservation Code, 2011 National Electrical Code, and
Chapter 29 of the Weld County Code.
28. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building.
29. All building plans shall be submitted to the Greeley (Western Hills) Fire Department, for
review and approval, prior to the issuance of building permits.
30.
The number of employees is limited to seven (7).
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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33. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
34. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program.
35. Effective April 25, 2011, building permits, issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact ,Fee
Programs.
36. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
37. Any signs shall adhere to Chapter 23; Article IV, Division 2, of the Weld County Code.
These requirements shall apply to all temporary and permanent signs.
38. The Use by 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
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.
39. 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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