HomeMy WebLinkAbout20131605.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0014, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (BATTING CAGES, GYMNASTICS FACILITY AND BASEBALL FIELDS),
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 - UFI FEEDING, 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 26th day
of June, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of UFI Feeding, LLC, 14605 County Road 21, Platteville, Colorado
80651, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0014,
for a use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (batting cages, gymnastics facility and baseball fields),
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:
Subdivision Exemption, SE -609, and Lot C of
Recorded Exemption, RECX12-00126; being part
of the NE1/4 of Section 13, Township 4 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Glen Czaplewski,
AGPROfessionals, LLC, 4350 Highway 66, Longmont, CO 80504, 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.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.G2 (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." Conditions of Approval and
Development Standards will ensure that the proposed use will be
compatible with the area. The surrounding property is primarily
agricultural in nature.
2) Section 23-2-240.A.10 of the Weld County Codes states: "...that
buffering or screening of the proposed use from adjacent
properties may be required in order to make the determination that
the proposed use is compatible with the surrounding uses." The
applicant has relocated the access into the facility to not hinder
the neighbor north of County Road (CR) 46. The Conditions of
Approval and Development Standards will also ensure the
proposed use will be compatible with the area.
B. Section 23-2-230.6.2 -- 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 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,
(batting cages, gymnastics facility and baseball fields), 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.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The facility is located
in a primarily agricultural area on a parcel containing several
improvements, including outbuildings and a grain bin. Adjacent
properties to the north, east and west are mainly utilized for residential
and agricultural purposes. The property to the south has a Use by
Special Review (USR-1016) for weddings and similar ceremonies. The
property to the northeast is within the municipal limits of the Town of
Johnstown. The Town of Johnstown stated, in the referral dated
May 6, 2013, "The town does not anticipate additional annexations in this
area in the foreseeable future. The town does not extend utilities to non -
annexed properties. The proposed recreation complex would have
several potential impacts on the general area, as follows: measure to
manage additional traffic and access to 1-25 Frontage Road or CR 13,
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dust control or pavement on the unpaved roadway, complex exterior
lighting, security/crowd management at tournament or other major
events." The Weld County Department of Planning Services has received
one (1) letter from a surrounding property owner. In the letter dated
May 2, 2013, the following concerns have been indicated: impacts of
traffic, noise, trash, bright lights, wildlife and that the proposed use would
be better suited in a different location, such as a municipality. The
Department of Planning Services has received several phone calls from
surrounding property owners with similar concerns. The Weld County
Department of Public Works is requiring a traffic study to analyze the
impacts the proposed use will have on the County Roads. In addition, an
improvements agreement is a Condition of Approval to also address the
impacts the proposed facility will have on the County Road system. There
are also Conditions of Approval and Development Standards which
address trash, noise, and lighting, to ensure that this use will be
compatible with surrounding land uses.
D. Section 23-2-230.6.4 -- 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-mile referral for the
Towns of Johnstown and Berthoud. The Town of Berthoud, in the referral
dated March 28, 2013, had no conflicts with the proposed development.
The Town of Johnstown responded in a referral dated May 6, 2013. (See
previous paragraph #2.C)
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 Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- 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
"Irrigated Land (Not Prime) and Prime Irrigated Farmslands of National
Importance" per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. The total size of the parcels are 127.5 =i- acres,
however, the applicant is confining the majority of the infrastructure to an
area that was previously occupied by structures, therefore, not utilizing
any additional farmland.
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 ensure that
there are 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 UFI Feeding, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0014, for a use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (batting cages, gymnastics facility and baseball fields), 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 submit a Grading Permit. The Grading Permit
Application must contain an Erosion and Sediment Control Plan, a
Grading Plan, and a copy of the approved Colorado Department of Public
Health and Environment (CDPHE) Stormwater Permit.
B. The applicant shall submit a revised water quality feature design.
Stormwater runoff from the parking lot and buildings must be captured by
the water quality feature.
C. The applicant shall enter into an Improvements Agreement and off -site
Road Maintenance Agreement according to Policy Regarding Collateral
for Improvements and post adequate collateral. The agreement and form
of collateral shall be reviewed by County staff and accepted by the Board
of County Commissioners prior to recording the 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 Road
Maintenance Agreement will include roadway improvements due to traffic
associated with the facility with triggers for improvements.
D. The applicant shall submit a recorded copy of any agreement signed by
all of the owners of the property crossed by the access. The access shall
be for ingress and egress, and shall be referenced on the plat by the
Weld County Clerk and Recorders reception number.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0014.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
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.
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These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals.
5) The plat shall delineate the location and size of the proposed sign,
if any, per Article IV, Division 2 and Appendix 23-C, D and E of the
Weld County Code.
6) The Department of Planning Services has determined from the
application materials that thirty-five (35) parking spaces and two
(2) ADA parking spaces will be required. There shall be no staging
or parking on county roads.
7) The oil and gas setback radiuses for existing wellheads and tank
batteries on the site shall be indicated in accordance with
Section 23-3-50.E of the Weld County Code.
8) The applicant shall show the approved access(es) on the plat and
label with the approved access permit number (AP13-00036) and
Clerk and Recorder's reception number.
9) A Stop sign is required at the access onto CR 46.
10) The access shall have a 45 -foot radius to accommodate traffic
entering and exiting the site.
11) The approved water quality feature and a scale, flow arrows
showing how water gets to water the quality feature, any
necessary swales, elevations of topographic lines and property
boundaries.
12) CR 13 is designated on the Weld County Road Classification Plan
as an arterial road, which requires 140 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. An additional
40 feet shall be delineated on the plat as future CR 13
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.
13) CR 46 is designated on the Weld County Road Classification Plan
as a local gravel road, which requires 60 feet of right-of-way at full
buildout. 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. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified,
it shall be dedicated. This road is maintained by Weld County.
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2. Prior to 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.
B. 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
applicant can provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
3. 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
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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of June, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD C,TY, COLORADO
William F. Garth,bChair
Weld County Clerk to the Board
BY
C 1
Sean P.
Conway
bunty Attorney
Barbara Kirkrneyer
Date of signature:'JUI 3 0 2013
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UFI FEEDING, LLC
USR13-0014
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0014, is
for a use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts, (batting cages, gymnastics facility and baseball
fields), 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
provided that the property is not a lot in an approved or recorded 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 limited to 4:00 a.m. — 11:00 p.m., Monday through
Sunday, as stated in the application.
4. A maximum of 260 people may utilize the site per day.
5. The number of employees shall be limited to seven (7), as stated in the application.
6. 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.
7. 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.
8. 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.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. 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.
11. 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.
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
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13. 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 (I.S.D.S.).
14. The facility shall utilize the existing public water supply (Little Thompson Water District).
15. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
16. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
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. 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 Section 15-1-180 of the Weld County Code.
20. No parking or staging of vehicles on the County Road is allowed. The on -site parking
area shall be used.
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 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.
22. The baseball fields shall not be lighted.
23. Building Permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
24. Building Permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
25. 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.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
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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