HomeMy WebLinkAbout20132509.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0027, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (UTILITY INSTALLATION/EXCAVATION SERVICES AND STORAGE OF
RELATED CONSTRUCTION MATERIALS) 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 - LOUIS GOLDSBY, C/O SCOTT CARR
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 11th day
of September, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Louis Goldsby, 13831 County Road 22, Fort Lupton, Colorado 80621,
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0027, for a
use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (utility installation/excavation services and storage of related
construction materials) 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 Corrected Recorded Exemption, RE -2921;
being part of the E1/2 SE1/4 of Section 8,
Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Scott Carr, 13831 County
Road 22, Fort Lupton, Colorado 80621, 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:
Ct, PL- Iii 1-IC4 i `PW
w
2013-2509
PL2236
tril
SPECIAL REVIEW PERMIT (USR13-0027) - LOUIS GOLDSBY, CIO SCOTT CARR
PAGE 2
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."The applicant is proposing to utilize a portion of
the 10.25 -acre parcel for his construction business. The
application includes one (1) existing shop, five (5) storage trailers,
two (2) semi -tractors, one (1) tandem, three (3) trailers and
proposed screened yard area for construction material and
supporting utility and excavation equipment including, but not
limited to, items such as pipe, pipe fittings, tandem box, excavator
bucket etc. Four (4) employees are proposed. The applicant has
indicated they will provide portable toilets and bottled water until
evidence can be provided to the Department of Planning Services
that the totalizing flow meter required for commercial well permit
74473-F has been installed.
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.
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 non urban 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 application includes one (1)
existing shop, five (5) storage trailers, two (2) semi -tractors, one
(1) tandem, three (3) trailers and proposed screened yard area for
construction material and supporting utility and excavation
equipment including but not limited to, items such as pipe, pipe
fittings, tandem box, excavator bucket etc. The application
materials and site plan indicate that the employee parking and
commercial vehicle parking will be behind an earthen berm
located between County Road (CR) 22 and the existing shop.
This property is sporadically screened with existing native
landscaping. The proposed yard (outdoor storage) will be behind
a fence. The existing landscaping, earthen berm and screen
fencing, along with the Development Standards and the other
Conditions of Approval, will assist in mitigating the impacts of the
facility on the adjacent properties.
2013-2509
PL2236
SPECIAL REVIEW PERMIT (USR13-0027) - LOUIS GOLDSBY, C/O SCOTT CARR
PAGE 3
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
(utility installation/ excavation services and storage of related construction
materials) 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 (ZCV12-00211). This
violation was initiated due to the repeated operation of a commercial
trucking business without first completing the necessary Weld County
Zoning Permits. Once the plat is recorded, this violation will be closed.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent
properties are mainly utilized for pastures, crops, and rural residences.
The nearest residence that is not owned by the applicant is located
approximately 95 feet from the west line of the property and west of the
existing shop. The next closest property is directly south of CR 22,
approximately 400 feet east of the existing shop. There are eight (8) Use
by Special Review Permits within three (3) miles of the subject property
along CR 22, including: SUP -281 (compressor station), USR-1746
(propane storage and service yard), USR-1758 (oil and gas support
facility), USR-1317 (vehicle parking and repair), AmUSR-1002 (natural
gas processing), 2nd AmUSR-211 (compressor station), USR-1353 (oil
and gas facility) and USR-1291 (oil and gas support facility). The Weld
County Department of Planning Services has received one (1) email from
a surrounding property owner to the east. The landowner indicated that
they have never had a problem with the equipment stored on the
property, as it has been minimal and the resident has always been
considerate of their view to the west. However, they would have an
objection if it became storage for a lot more trucks and equipment or
miscellaneous items. The surrounding property owner also indicated
concerns about the property being sold and requested that the USR run
with the applicant/owner and not the property, ensuring that it would
return to the agricultural nature and not industrial/commercial, as they feel
there are already too many USR's on a much larger scale in the
immediate area.
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-mile referral area of the
City of Fort Lupton and located outside the existing Intergovernmental
2013-2509
PL2236
SPECIAL REVIEW PERMIT (USR13-0027) - LOUIS GOLDSBY, C/O SCOTT CARR
PAGE 4
Agreement (IGA) Area. The City of Fort Lupton, in the referral comments
dated June 6, 2013, stated the property is outside of the 2007
Comprehensive Plan; however, they would like to discuss the possibility
of annexation with property owner.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County -Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.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 A
of Corrected RE -2921, which was approved in 2003. The subject property
has improvements on it and is 10.881 acres in size and does not have
irrigation rights associated with it. The parcel is not large enough for
conventional farming and appears as if it has not been used as crop land
for a number of years and, therefore, this USR will not take any Prime
(Irrigated) Farmland out of production.
G. Section 23-2-230.6.7 — There is 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 Louis Goldsby, for a Site Specific Development
Plan and Use by Special Review Permit, USR13-0027, for use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (utility
installation/excavation services and storage of related construction materials) 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 address the requirements of the Division of Water
Resources, as stated in the referral response dated May 21, 2013, if the
applicant intends to use the commercial well (Permit No. 74473-F).
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
B. The applicant shall submit a Waste Handling Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment, for approval. The plan shall include, at a minimum, the
following:
2013-2509
PL2236
SPECIAL REVIEW PERMIT (USR13-0027) - LOUIS GOLDSBY, C/O SCOTT CARR
PAGE 5
1) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed of
(facility name, address, and phone number).
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0027.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with 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 plat shall delineate the approved Screening Plan.
6) CR 22 is designated on the Weld County Road Classification Plan
as an arterial road, which requires 140 feet of right-of-way at full
buildout. The applicant shall verify and delineate on the plat the
existing right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of future right-of-
way. These roads are maintained by Weld County.
7) Show the approved access on the plat and label with the
approved access permit number (will be provided).
8) Make reference on the plat to the improvements at U.S.
Highway 85 and CR 22 as outlined in the U.S. Highway 85 Access
Control Plan 1-76 to CR 80, December 1999.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
2013-2509
PL2236
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LOUIS GOLDSBY
USR13-0027
1. A Site Specific Development Plan and Use By Special Review Permit, USR13-0027, is
for a Use Permitted as a Use by Right, Accessory use, or Use By Special Review in the
Commercial or Industrial Zone Districts (utility installation/excavation services and
storage of related construction materials) 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 operation shall comply with all applicable rules and regulations of local, state and
federal agencies and the Weld County Code.
4. The number of on -site employees shall be commensurate with the number of employees
which the septic system may accommodate and meet the requirements of the Weld
County Code pertaining to individual sewage system regulations.
5. The number of commercial vehicles per the application is 11 (3 tractors and 8 trailers).
6. The hours of operation, as stated in the application, are 6:00 a.m. — 6:00 p.m. daily.
7. 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.
8. 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.
9. 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.
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
Non -specified 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.
2013-2509
PL2236
DEVELOPMENT STANDARDS (USR13-0027) - LOUIS GOLDSBY
PAGE 2
13. 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.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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.
16. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
17. 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.
18. The historical flow patterns and runoff amounts will be maintained on the site.
19. Weld County is not responsible for the maintenance of on -site drainage related features.
20. There shall be no parking or staging of vehicles on County roads. On -site parking shall
be utilized.
21. Building permits may be required, per Section 29-3-10 of the Weld County Code.
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. A Building Permit Application must be completed
and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado
registered architect or engineer must be submitted for review. A Geotechnical
Engineering Report performed by a registered Colorado engineer shall be required or a
Open Hole Inspection.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. 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
2013-2509
PL2236
DEVELOPMENT STANDARDS (USR13-0027) - LOUIS GOLDSBY
PAGE 3
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.
24. 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.
25. 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.
26. 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.
2013-2509
PL2236
SPECIAL REVIEW PERMIT (USR13-0027) - LOUIS GOLDSBY, C/O SCOTT CARR
PAGE 6
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of September, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CY, COLORADO
ATTEW.
Weld County Clerk to the Board
BY:
Deputy Cler
AP "i DAS
o the Board
M:
County Attorney
William F. Garcia, Chair
Date of signature: OCT 0 1 2013
ougl-s Radem=cher, Pro-Tem
P. Conway
e reeman
Barbara Kirkmeyer
2013-2509
PL2236
Hello