HomeMy WebLinkAbout20130641.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0078, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (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
- INTERRA, LLC, C/O KEITH AND CHRISTINA ROTH
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 13th day
of March, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Interra, LLC, do Keith and Christina Roth, 21495 County Road 51,
Kersey, Colorado 80644, for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0078, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (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 A of Recorded Exemption, RE -4275; being part
of the SE1/4 of Section 32, Township 5 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 - The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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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 22-2-20.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 proposing to
build a storage building and an office on the site. The storage
building will be used primarily to store construction materials,
tools, equipment and supplies. The application materials state that
there will be no outdoor storage. The Development Standards and
other Conditions of Approval will assist in mitigating the impacts of
the facility on the adjacent properties.
3) 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.
4) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding 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 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
(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.
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
approximately one and three-quarter (1 3/4) miles south of the Town of
Kersey. Adjacent properties are mainly utilized for pastures, crops, and
rural residences. The nearest residence is located approximately 300 feet
north of the north property line. The Conditions of Approval and
Development Standards for this proposal will assist in mitigating the
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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 Town of
Kersey. The Town of Kersey, in the referral dated December 27, 2012,
stated that it did not have any concerns with this USR.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located within a
Special Flood Hazard Area (SFHA). 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 primarily located on soils
designated as "Irrigated Land, Not Prime" 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.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 will 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 Interra, LLC/Keith and Christina Roth, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0078, for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (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 submit a Loading and Parking Plan to the Department
of Planning Services for review and approval.
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1) The applicant shall provide adequate parking for their employees.
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.
B. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
C. 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.
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0078.
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 23-3-350.11 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 Loading and Parking Plan.
6) The approved Signage Plan.
7) The approved Lighting Plan.
8) CR 53 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 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
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verified, it shall be dedicated. This road is maintained by Weld
County.
9) The approved access labeled with the approved access permit
number (will be provided).
10) Label the turning radiuses into the site. A minimum of 45 -foot
radiuses are required to allow trucks with trailers to turn.
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. 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 shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one hundred twenty (120) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. 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.
4. Prior to issuance of the building permit:
A. A Commercial building permit will be required for all new construction. A
Building Permit Application must be completed and two (2) complete sets
of plans, including Engineered Foundation Plans bearing the wet stamp of
a Colorado registered architect or engineer, must be submitted for review.
A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required. An electrical permit will be required if any site
electrical is installed.
B. 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.
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A plan review shall be approved and a permit must be issued prior to the
start of construction.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of March, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk
APPROVED AS
ounty Attorney
Date of signature: -1 Ih( (0013
ouglad Rademacher Pro-Tem
n P. Conway
Freeman
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
INTERRA, LLC, CIO KEITH AND CHRISTINA ROTH
USR12-0078
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0078, is
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (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. Hours of operation shall be 24 hours a day, seven (7) days a week.
4. The number of on -site employees for all businesses located on the site shall be limited
to 15, as stated in the application materials.
5. All signs shall be in compliance with the Weld County Code.
6. The sign(s) on the site shall be maintained in accordance with the approved Sign Plans.
7. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, needs to be maintained at a maximum height of 12
inches until the area is completely developed.
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. Weld County is not responsible for the maintenance of drainage related features.
10. 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.
11. 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.
12. 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.
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13. 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.
14. This facility shall adhere to the maximum permissible noise levels allowed in the
Non -Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
15. 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.).
16. The facility shall utilize the public water supply (Central Weld County Water District).
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 the site for
less than two (2) consecutive hours a day, and there are two (2) or less full-time (40 hour
week) employees located on the site, 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. 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. An individual sewage disposal system is required when the
number of employees exceeds two (2) full-time or four (4) part-time.
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. Processed wastewater, such as floor drain wastes, shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
21. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, as applicable.
22. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
23. 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
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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.
24. Building permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
25. 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.
26. 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.
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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