HomeMy WebLinkAbout20130949.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0003, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (INDOOR AND OUTDOOR STORAGE OF EQUIPMENT FOR A
CONSTRUCTION AND A CONCRETE CONSTRUCTION BUSINESS), 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 - DENNIS KESSLER
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 24th day
of April, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dennis Kessler, 1255 W. 140th Drive, Westminster, Colorado 80023,
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0003, for a
Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (indoor and outdoor storage of equipment for a construction and a
concrete construction business), 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, on the following described real
estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE -3758, being part
of the SW1/4 of Section 32, Township 6 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.
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:
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A. Section 23-2-230.6.1 - 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 to have
two (2) buildings on the eight (8) acre parcel and to store
equipment for his construction business in these buildings and to
screen any outdoor storage with a six-foot metal fence.
2) Section 22-2-100.C (C.Goal 3) states: 'All new commercial
development should pay its own way." The applicant will be
responsible for covering all costs for all on -site and any applicable
off -site improvements associated with this use, as required
through the Improvements Agreement and Conditions of Approval.
3) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."
4) 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 improvements on the
property consist of two (2) buildings and two (2) cargo containers.
The items to be stored in the buildings are tools, shovels,
wheelbarrows, compactors, nails, saws, skidster, et cetera. The
application materials indicate that the storage of tools will be
contained inside the buildings or screened behind a six-foot metal
privacy fence. The six-foot metal fence and proposed
landscaping, 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. Section 23-3-40.S. of the Weld County
Code allows for a Site Specific Development Plan and Use by Special
Review Permit for a Use Permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts
(indoor and outdoor storage of equipment for a construction and a
concrete construction business), 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. Currently, the property is in violation
(ZCV12-00202). This violation was initiated due to the operation of a
construction business and associated storage of vehicles and equipment
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without first completing the necessary Weld County Zoning Permits.
Once the plat is recorded, this violation will be closed.
Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is adjacent to
the Town of Windsor's corporate limits. The adjacent properties are
mainly utilized for pastures, crops, and rural residences. The nearest
residence that is not owned by the applicant is located approximately 215
feet southwest from the southwest corner of the property and across
CR 62 (Crossroads Blvd). The Weld County Department of Planning
Services has received one (1) letter from a surrounding property owner.
The letter states that since the applicant is proposing outdoor storage,
that the project is not consistent with the development proposed to the
west (Water Valley West), the Windsor Comprehensive Plan, or the future
plans to connect 'O' Street to Crossroads Blvd. Currently, the property to
the west is vacant land, and the uses shown on the plan for the property
adjacent to the subject property is an 89.7 -acre private park with uses
such as an amphitheater, equestrian center and sports facility. The
applicant is proposing to screen any outdoor storage with a six-foot metal
fence and landscaping.
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 Greeley and the Town of Windsor. The City of Greeley, in the
referral dated February 21, 2013, stated that the site is in the Urban
Growth Boundary for Windsor and, therefore, they did not have any
concerns with this project. The Town of Windsor, in the referral dated
February 12, 2013, stated that the Windsor Planning Commission voted
to request that the Planning Department forward the following comments
to Weld County for their consideration:
1. It does not appear that the site plan accurately depicts
improvements on the property. As an example, the driveway on
the west side of the property is not shown on the site plan.
2. The proposed use is inconsistent with the Windsor Land Use Map
designation of E-2 (High Density Estate Residential).
3. Planning Commission does not recommend annexation at this
time because Town of Windsor water and sewer is not in the
vicinity of the site.
4. The applicant has proposed adding three (3) trees to the site for
additional screening. The Planning Commission recommends
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additional landscaping to reduce the impacts of the large fenced
area, and the opening in the fence.
The applicant is proposing to screen any outdoor storage with a six-foot
metal fence and landscaping.
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
property 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.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed facility is located on soils designated as
"Prime (Irrigated)" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The proposed USR is located on Lot B
of RE -3758, which was approved in 2004. The subject property has
improvements on it and is 8.3 acres in size. It appears as if it has not
been used as crop land for the last few years and, therefore, this USR will
not take any Prime (Irrigated) Farmland out of production.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can 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 Dennis Kessler, for a Site Specific Development
Plan and Use by Special Review Permit, USR13-0003, for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (indoor
and outdoor storage of equipment for a construction and a concrete construction business),
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, 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 enter into a Private Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for all transportation (access drive, parking areas,
et cetera) and non -transportation (fencing, screening, drainage, et
cetera). The agreement and form of collateral shall be reviewed by
County staff and accepted by the Board of County Commissioners prior to
recording the USR plat. Alternately, the applicant may submit evidence
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that all the work has been completed and reviewed by the Departments of
Planning Services and Public Works.
B. The applicant shall submit a Parking Plan to the Department of Planning
Services for review and approval.
1) The applicant shall comply with Appendix 23-B of the Weld
County Code and Section 208 of the 2010 Americans with
Disability Act (ADA) and provide an adequate number of parking
spaces. The applicant shall provide one (1) parking space per
every two (2) employees (10 proposed) and one (1) parking space
for every 1,000 square feet of warehouse space (6,000 proposed)
for a total of 11 parking spaces. One of the 11 parking spaces
shall meet the requirements of ADA. Further, the applicant shall
delineate curb stops for the parking spaces shown on the USR
plat.
2) The applicant shall adhere to the ADA standards for the subject
property at all times. Non-ambulatory/ambulatory parking spaces
shall be identified and shown on the plat. The ADA parking
spaces must be the closest possible to the entrance. Signage will
be required. Curb cuts, ramps, and other methods of providing
accessibility shall be required to reasonably attempt to meet the
requirements of the ADA standards.
The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
D. Signs shall be in compliance with Chapter 23, Article IV, Division II and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
E. The applicant shall address the requirements (concerns) of the Weld
County Department of Building Inspection, as stated in the referral
response dated March 6, 2013. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
F. 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.
G. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0003.
2) The attached Development Standards.
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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 Parking Plan.
6) The approved Landscape/Screening Plan.
7) The approved Signage Plan, as applicable.
8) The approved Lighting Plan, as applicable.
9) CR 62 (Crossroads Blvd) is designated on the Weld County Road
Classification Plan as an arterial roadway, which requires 140 feet
of right-of-way at full buildout. The applicant shall verify the
existing 60 feet of right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of future right-of-way,
which is 70 feet from the center line of Crossroads Blvd. This
future right-of-way shall be indicated on the plat. If the existing
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
10) The east side CR 15 Section Line has 30 feet of unmaintained
County Line right-of-way. The applicant shall verify the existing
30feet of right-of-way and the documents creating the right-of-way
and this information shall be noted on the plat. All setbacks shall
be measured from the edge of right-of-way.
11) The applicant shall show the existing access point on the plat and
label it with the Access Permit Number (will be provided).
12) The applicant shall delineate the water quality feature(s) on the
plat and label as "No Build/Storage Area." The volume and
dimensions of the water quality feature(s) shall also be labeled on
the plat.
13) The applicant shall show a 45 -foot radius on the map for access
onto CR 62 to accommodate commercial/truck traffic.
14) The applicant shall show areas of gravel, paving, or recycled
concrete/asphalt and identify parking areas.
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15) The applicant shall show the type of right-of-way/easement and
indicate whether it is dedicated, private, or deeded to provide
adequate access to the parcel.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version, or three (3) paper copies, of the plat for preliminary
approval to the Weld County 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. 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 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. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of April, A.D., 2013.
BOARD OF JNTY COMMISSIONERS
WELD COU OLORADO
ATTEST:
Weld County Clerk to the B
BY:
Deputy Clerk to the Boar
APPROVED AS T
ounty Attorney
Date of signature: 's7)
William F. Garcia
ougla: Radema her, Pro-Tem
Sean P. Conway
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DENNIS KESSLER
USR13-0003
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0003, is
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (indoor and outdoor storage of equipment for a
construction and a concrete construction business), 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.
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 limited to ten (10), as stated in the application
materials.
4. All signs, if any, shall be in compliance with the Weld County Code.
5. The landscaping, screening, and sign(s) on the site shall be maintained in accordance
with the approved Landscape/Screening/Sign Plans.
6. 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 pursuant to Chapter 15, Articles I and II, of the Weld County Code.
7. Off-street parking spaces and internal drive isles shall be surfaced with gravel, asphalt,
recycled asphalt base, concrete, or recycled concrete and shall be graded to prevent
drainage problems.
8. 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.
9. The applicant must take into consideration the stormwater quality and provide
accordingly for Best Management Practices (BMP's).
10. Weld County is not responsible for the maintenance of drainage related features. This
must be addressed by the homeowner's association or owner.
11. 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.
12. 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
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Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
13. 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 applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
14. 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.
15. 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.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.).
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. As employees or contractors are on site for less
than two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
18. A Colorado Discharge Permit System (CDPS) permit from the Colorado Department of
Public Health and Environment (CDPHE), Water Quality Control Division, shall be
obtained, as applicable.
19. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of hazardous air
pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be
stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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 on the adjacent
properties. Neither the direct, nor 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.
22. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
23. Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
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24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
26. 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.
27. 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.
28. 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.
29. 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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