HomeMy WebLinkAbout20131175.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0010, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (RV AND BOAT STORAGE, MINI -STORAGE, RV CAMPING, AND
COMMERCIAL TRACTOR TRAILER STORAGE) 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 -
JOHNSTON FAMILY FARMS, LLC, C/O DAVID LEE AND DONALD
EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC
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 22nd day
of May, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Johnston Family Farms, LLC, 2492 County Road 11, Erie, Colorado
80516, c/o David Lee and Donald Eymann/Recreational Storage Solutions 2, LLC, 1460
Lexington Avenue, Broomfield, Colorado 80023, for a Site Specific Development Plan and Use
by Special Review Permit, USR13-0010, for a Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (RV and Boat Storage,
Mini -Storage, RV Camping, and Commercial Tractor Trailer Storage) 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:
Being part of the SW1/4 of Section 24, Township 1
North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicants were 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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SPECIAL REVIEW PERMIT (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, CIO DAVID
LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC
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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."
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 Conditions of Approval and Development Standards.
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 applicant is requesting
approval of a Use by Special Review permit to construct an RV
and boat storage facility. The applicant would like to store RV and
boat storage, mini -storage, RV camping, and commercial tractor
trailer storage. The application materials indicated that the RV and
boat storage will be outside, under a shelter and inside buildings.
The applicant is also proposing mini -storage and ten (10) RV
camping sites. The property is currently vacant land. The applicant
is proposing a six (6) foot wood fence along County Road (CR) 6
and a six (6) foot chain link fence with slats along the east, west
and north property lines that will screen this area. Landscaping is
proposed along CR 6. This screening, along with the Conditions
of Approval and Development Standards, will assist in mitigating
the impacts of the facility on the adjacent properties.
B. Section 23-2-230.6.2 -- 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,
(RV and Boat Storage, Mini -Storage, RV Camping, and Commercial
Tractor Trailer Storage) 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.
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C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
adjacent to the Town of Dacono's corporate limits and outside of their
Urban Growth Boundary. The site is also within three (3) miles of the
Cities of Erie, Northglenn, Thornton and Broomfield. The adjacent
properties are a mix of RV storage facilities, rural residences, agricultural
uses, and some commercial and industrial uses. The nearest residence
is located approximately 1,200 feet east of the east property line. The
surrounding USRs include USR-1445 to the west of the subject property
for storage of construction equipment. Additionally, USR-117 for 3,000
turkeys and USR-1341 for gravel mining lie to the south of CR 6. The
Weld County Department of Planning Services has received no
comments/concerns from the surrounding property owners. The
Conditions of Approval, along with the Development Standards for this
proposal, will assist in mitigating the impacts of the facility on the adjacent
properties and attempt to ensure compatibility 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 (3) miles of the Cities of
Dacono, Northglenn, Thornton, the Town of Erie and the City and County
of Broomfield. The City of Thornton and the Town of Erie did not respond
but the other jurisdictions, in their respective referral comments, did not
have any concerns with this USR.
Section 23-2-230.8.5 -- 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 Program, 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 approximately 15 acres
of "Prime Irrigated;" approximately 27 acres of "Prime if they become
irrigated;" and approximately 16 acres designated as "Other" per the
1979 Soil Conservation Service Important Farmlands of Weld County
Map. The proposed USR will take approximately 15 acres of Prime
(Irrigated) farmland out of production.
G. Section 23-2-230.B.7 -- There is adequate provisions for the protection of
the 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 Johnston Family Farms, LLC, do David Lee and
Donald Eymann/Recreational Storage Solutions 2, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR13-0010, for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV
and Boat Storage, Mini -Storage, RV Camping, and Commercial Tractor Trailer Storage)
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,
etcetera) and non -transportation (fencing, screening, drainage, etcetera)
items. 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. The applicant may submit evidence that all the
work has been completed and reviewed by the Departments of Planning
Services and Public Works.
The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes may be
delineated on the plat in accordance with the state requirements as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
The applicant shall address the requirements/concerns of the Mountain
View Fire Protection District, as stated in the referral response dated
March 29, 2013. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
D. The applicant shall address the requirements/concerns of The Farmers
Reservoir and Irrigation Company, as stated in the referral response
dated March 21, 2013. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
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F. 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.
G. The applicant shall submit a Final Drainage Report signed and stamped
by a Colorado registered Professional Engineer.
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0010.
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 Parking Plan.
6) The approved Landscape/Screening Plan.
7) The approved Signage Plan.
8) The approved Lighting Plan.
9) CR 6 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
10 feet shall be delineated on the plat as future CR 6 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 and this information
shall be noted on the plat. If the right-of-way cannot be verified, it
shall be dedicated. This road is maintained by Weld County.
10) Show the approved access labeled with the approved access
permit number (will be provided).
11) Label the turning radiuses into the site. A minimum of 45 -foot
radiuses are required to allow trucks with trailers to turn.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies or one (1) electronic copy (.pdf) of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the plat, the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. 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 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. 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.
If more than one (1) acre is to be disturbed, a grading permit will be
required prior to the start of construction. The Grading Permit Application
must contain an Erosion and Sediment Control Plan, Grading Plan,
installation details of all Best Management Practices (BMPs) to be
utilized, typical installation and maintenance notes for all BMPs to be
utilized, and a copy of the approved Colorado Department of Public
Health and Environment (CDPHE) Stormwater Permit.
6. Prior to Operation of public restrooms:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the public
restrooms 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.
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SPECIAL REVIEW PERMIT (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, C/O DAVID
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of May, A.D., 2013.
BOARD • COUNTY COMMISSIONERS
WELl O •NTY, COLORADO
W"iam F. Garcia, Chair
Weld County Clerk to the Boa
Douglas r ademache Pro -Tern
BY:
Deputy Clerk to the Bit r. 1 ;?S EXCUSED
Sean P. Conway
APP:. V' D AS
unty ttorney
Date of signature:/ay
raS, 20'1
Mike Freeman
4
V -Barbara Kirkmeye
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHNSTON FAMILY FARMS, LLC, C/O DAVID LEE AND DONALD
EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC
USR13-0010
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0010, is
for a Use Permitted as a Use by Right, Accessory Use, or Use By Special Review in the
Commercial or Industrial Zone Districts, (RV and Boat Storage, Mini -Storage, RV
Camping, and Commercial Tractor Trailer Storage) 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 hours of operations shall be seven (7) days a week, 24 -hour access, as stated in
the application materials.
4. The number of on -site employees shall be limited to two (2) full-time employees.
5. The number of RV camping spaces shall be limited to ten (10).
6. All signs shall be in compliance with the Weld County Code.
7. The landscaping, screening, and sign(s) on the site shall be maintained in accordance
with the approved Landscape/Screening/Sign Plans.
8. 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.
9. 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.
10. Weld County is not responsible for the maintenance of drainage related features.
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
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
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DEVELOPMENT STANDARDS (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, C/O
DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC
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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.
14. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
15. 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.
16. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. Portable toilets and bottled water are acceptable
for ten (10) or less customers or visitors per day and/or two (2) or less full-time (40 hour
week) employees on the site. 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 permanent, adequate water supply shall be provided for drinking and sanitary
purposes when the number of customers or visitors per day exceeds ten (10) and/or
there are three (3) or more full-time (40 hour week) employees on the site.
19. Sewage disposal for the facility shall be by septic system when the number of customers
or visitors per day exceeds ten (10) and/or there are three (3) or more ful-time (40 hour
week) employees on the site. 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.)
20. An Underground Injection Control (UIC) Class V Injection Well permit from the
Environmental Protection Agency (EPA) is required for any large -capacity septic system
(a septic system with the capacity to serve 20 or more persons per day).
21. The camping area shall be limited to self contained RV units until an appropriate
engineer designed I.S.D.S., which complies with all provisions of the Weld County Code
pertaining to I.S.D.S., is installed.
22. RV dump stations shall be connected to an appropriate engineer designed I.S.D.S.,
which complies with all provisions of the Weld County Code, pertaining to I.S.D.S.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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DEVELOPMENT STANDARDS (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, CIO
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24. 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 in accordance with the plan. 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.
25. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
26. 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.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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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