HomeMy WebLinkAbout20140282.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0051, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (75-SPACE RV PARK, AN EXISTING MOBILE
HOME, CARETAKER'S RESIDENCE, OFFICE, MAINTENANCE STORAGE
BUILDING, OUTSIDE STORAGE OF VEHICLES, BOATS, TRAILERS, CARS AND
OTHER MISCELLANEOUS ITEMS) PROVIDED THAT THE PROPERTY IS NOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - TERESA
ANDERSON
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 5th day of
February, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Teresa Anderson, 7878 CR 21, Fort Lupton, CO 80621, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0051, for any use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (75-space RV Park, an existing mobile home, caretaker's residence,
office, maintenance storage building, outside storage of vehicles, boats, trailers, cars and other
miscellaneous items) provided that the property is not in an approved or recorded subdivision
plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RE-4025; being part
of the NW1/4 of Section 26, Township 2 North,
Range 67 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.
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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. Section 23-2-230.B.1. -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change." The applicant is proposing a seventy-five (75)
space RV Park and two (2) acres of RV storage. A caretaker's
residence, an office, and a maintenance storage building may be
constructed in the future. The two (2) acres of outdoor storage will
include vehicles, boats, trailers, cars, and other miscellaneous
items.
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt
to be compatible with the region." The RV Park will be screened
on all sides with landscaping and the storage area will be
screened with a security fence. Coded entry will be available 24/7
at the front gate. This entry area will be lighted, but no other
lighting is proposed for the RV Park or the storage area. Noise will
be restricted to the level allowed in the Commercial Zone District,
which the application materials state that after 10:00 p.m. no loud
music will be allowed. The proposed Landscaping/Screening Plan
and Noise Abatement Plan, along with the Conditions of Approval
and Development Standards, will assist in mitigating the impacts
of the facility on the adjacent properties.
B. Section 23-2-230.B.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.S of the Weld County Code provides for any use
permitted as a Use By Right, Accessory Use, or Use By Special
Review in the Commercial or Industrial Zone Districts provided
that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural)
Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent
properties are mainly utilized for pastures, crops, and rural residences.
County Road (CR) 18 borders the site on the north and CR 21 borders
the site on the west. The adjacent lands to the south and east are
pastures and cropland. The closest residence is approximately 160 feet
north of the north property line. There are seven (7) USRs located within
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one (1) mile of this parcel. USR-1063 is for a gas line located
approximately one-half mile west of the site. USR-1408 is for a second
single-family dwelling and USR-1184 is for an equine breeding and
training operation, which is located one (1) mile north of the site. USR-62
is for a turkey farm, which is no longer in business, and is located just
north of CR 18. USR-813 is for a second single-family dwelling and
Amended USR-1231 is for a 4,000-head dairy, which are located
approximately one-half mile southwest of the site. USR-514 is for gravel
mining and is located approximately four-tenths of a mile southeast of the
site; currently, there is no evidence of mining on this property. The Weld
County Department of Planning Services has not received any
correspondence from the surrounding property owners. The proposed
Landscaping Plan and Noise Abatement Plan, along with the Conditions
of Approval and Development Standards will assist in mitigating the
impacts of the facility on the adjacent properties.
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 the three (3) mile referral area of
the City of Fort Lupton and the Towns of Firestone and Frederick. The
City of Fort Lupton's referral, dated November 14, 2013, indicated no
concerns. The Towns of Firestone and Frederick did not respond with
any referral comments.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The existing and proposed facility is located on soils
designated as "Prime if they become Irrigated" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
proposed USR will not take any Prime (Irrigated) Farmland out of
production.
G. Section 23-2-230.6.7 -- The Design Standards, Operation Standards,
Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Teresa Anderson, for a Site Specific Development
Plan and Use by Special Review Permit, USR13-0051, for any use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (75-
space RV Park, an existing mobile home, caretaker's residence, office, maintenance storage
building, outside storage of vehicles, boats, trailers, cars and other miscellaneous items)
provided that the property is not in an approved or recorded subdivision plat or part of a map or
plan filed prior to adoption of any regulations controlling subdivisions in 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 applicant shall attempt to address the requirements of the Fort
Lupton Fire Protection District, as stated in the referral response dated
November 20, 2013. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
B. The applicant shall attempt to address the requirements of the Colorado
Parks and Wildlife, as stated in the referral response dated October 31,
2013. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
C. The applicant shall attempt to address the requirements of the Northern
Colorado Water Conservancy District, as stated in the referral response
dated October 25, 2013. Written evidence of such shall be submitted to
the Weld County Department of Planning Services.
D. In accordance with Chapter 23, Article IV, Division 2, the applicant shall
submit a Signage Plan to the Department of Planning Services for review
and approval. The quantity, size and location of the signs shall comply
with Appendix 23-C and Appendix 23-D.
E. An accepted Final Drainage Report, stamped and signed by a
Professional Engineer registered in the State of Colorado, is required.
F. An Improvements and Road Maintenance Agreement for off-site
improvements will be required for this site. Road maintenance, including
dust control, damage repair, and triggers for improvements, will be
included.
G. In the event washing of vehicles will occur on-site, the applicant shall
ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle washing areas should be
designated on the plat.
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H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0051.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall
be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals.
5) The approved Signage Plan.
6) The approved Landscaping/Screening Plan.
7) The approved Parking Plan, as stated by the applicant.
8) The approved Lighting Plan, as stated by the applicant.
9) CR 18 is designated on the Weld County Road Classification Plan
as a collector road, which requires 80 feet of right-of-way at full
buildout. The applicant shall verify and delineate on the plat the
existing right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County.
10) CR 21 is designated on the Weld County Road Classification Plan
as a local road, which requires 60 feet of right-of-way at full
buildout. The applicant shall verify and delineate on the plat the
existing right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County.
11) The applicant shall show the approved access(es) on the plat and
label with the approved Access Permit Number (will be provided).
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
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Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, 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 added for each additional three (3)
month period.
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. Prior to Construction:
a. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
b. In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
6. Prior to the issuance of the Certificate of Occupancy:
a. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado Registered Professional Engineer according to the Weld County
I.S.D.S. Regulations.
b. In the event the septic system requires a design capacity of over 2,000
gallons of sewage per day, the applicants shall provide evidence that all
requirements of the Colorado Department of Public Health and
Environment, Water Quality Control Division's (WQCD) Regulation No. 22
has been satisfied. Evidence of compliance shall be provided to the Weld
County Department of Public Health and Environment. Alternately, the
applicant may provide evidence from the WQCD that they are not subject
to these requirements.
c. The applicant shall submit evidence of 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). Alternately, the
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applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
7. 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 or
the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of February, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ce„dt , C� ,,, / L c� T t 10 vc\C
V.uiW/ �GLIo K •lat Radema er hair
Weld County Clerk to the Board � � EL •
n irkmey= Pro-Tem BY:Dep Clerk to the Board
Conway
APED AS TO ORM: _ 1ra
Mike Fre
o ty Attorney (-'61 7
William . Garcia
Date of signature: 4990. 14
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TERESA ANDERSON
USR13-0051
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0051, is
for any Use Permitted as a Use By Right, Accessory Use, or Use By Special Review in
the Commercial or Industrial Zone Districts (a 75-space RV park, an existing mobile
home, a caretaker's residence, an office, a maintenance storage building, and outside
storage for vehicles, boats, trailers, cars, and other misc items) provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, 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. The number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The hours of operation will be 24-hours a day, 7-days a week, as stated by the applicant.
5. Recreational camping will be allowed for up to thirty consecutive days.
6. "Other misc items" shall consist of items such as vans, stand-alone campers, motor
homes, 5th-wheel trailers, small, medium, and large pick-up trucks with, or without,
attached campers, boats with trailers and other similar items including industrial or
commercial vehicles, equipment, and materials.
7. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be
stored on the site.
8. No hazardous materials shall be stored on-site.
9. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
10. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
11, The signage on the site shall be maintained in accordance with the approved Signage
Plan.
12. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
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13. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
14. The historical flow patterns and runoff amounts will be maintained on the site.
15. Weld County is not responsible for the maintenance of on-site drainage related features.
16. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
17. 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.
18. 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.
19. 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. The facility shall operate in accordance with the approved Waste Handling
Plan, at all times.
20. 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.
21. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
22. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in Section 14-9-30 of the Weld County Code.
23. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
24. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
25. In the event the septic system requires a design capacity of over 2,000 gallons of
sewage per day, the applicant shall provide evidence that all requirements of the
Colorado Department of Public Health and Environment, Water Quality Control
Division's (WQCD) Regulation No. 22 have been satisfied. Evidence of compliance
shall be provided to the Weld County Department of Public Health and Environment.
Alternately, the applicant may provide evidence from the WQCD that they are not
subject to these requirements.
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26. The facility shall utilize the existing public water supply (Central Weld County Water
District).
27. Bottled water shall be utilized for drinking during construction of the project.
28. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during the construction of the facility.
29. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a
safe manner in accordance with product labeling. All chemicals must be stored secure,
on an impervious surface, and in accordance with manufacturer's recommendations.
30. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
31. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
32. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use of the adjacent
properties in accordance with the plan. Neither the direct, not reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
33. Building permits maybe required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing
the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A Geotechnical Engineering Report performed by a registered Colorado
engineer shall be required or an Open Hole Inspection.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
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37. 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.
38. 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.
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