HomeMy WebLinkAbout20133012.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0046, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (ELECTRICAL CONTRACTORS SHOP) 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 - ELECTRICAL SYSTEMS PROFESSIONALS,
INC.
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 30th day
of October, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Electrical Systems Professionals, Inc., 3605 Freedom Road, Trinidad,
CO 81082, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0046, for any use permitted as a Use by Right, Accessory Use or Use by Special
Review in the Commercial or Industrial Zone Districts (electrical contractors shop) 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 E1/2 SE1/4 of Section 31,
Township 7 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:
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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 22-2-20.1.5 (A.Policy 9.5) states: "Applications for a
change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties
and referral agencies. Encourage applicants to communicate with
those affected by the proposed land use change through the
referral process." The property has historically been utilized for
commercial business ventures, and is located west of the Galeton
Fire Station. The existing 2,000 -square -foot structure built in 1952
will be utilized as an electrical service contractor shop and utilized
for short term storage/ warehousing of wire and pipe, and an
employee gathering location prior to heading to the job site and
upon return from the field to complete paperwork. Electrical
Systems Professionals, Inc., provides support and service in
electrical construction to Noble Energy. The general public will not
be accessing the property. This proposal has been reviewed by
the appropriate referral agencies and it has been determined that
the attached 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.
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 provides for any use
permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (electrical
contractor shop) 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 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. Lands to the west and
north are in native grasses; land to the east is single family residential;
land to the southwest is large tract residential; and to the southeast is Zita
First Addition (Galeton). The nearest residence is approximately 90 feet
to the southeast across County Road (CR) 74 with the second nearest
residence approximately 138 feet to the east, as measured from the
driveway access off of CR 74. Within two (2) blocks of the property, there
is a church, Galeton Fire Station, a grocery store/cafe, an automobile
repair shop and the Galeton Station. The existing building located on the
property is a non -conforming structure, as the building does not meet the
east property line offset, and the front yard setback from the future
right-of-way for CR 74. Non -conforming Structure, NCU13-0008, was
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established for this building. Staff has received no letters, telephone calls,
or electronic mail from adjacent or surrounding property owners or
interested persons. Conditions of Approval and Development Standards
will ensure that this use will be compatible 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 not located within a three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
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, 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 U.S.D.A. Soils Maps of Prime Farmlands of Weld
County, dated 1979, designated the soils as "Prime." The contractors
shop will be sited on a 0.49 -acre urbanized parcel of land adjacent to the
Town site of Galeton.
G. Section 23-2-230.6.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Electrical Systems Professionals, Inc., for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0046, for any use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (electrical contractors shop) 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 documentation from the Galeton Water and
Sanitation District that a sewer tap has been purchased and approved.
Evidence of acceptance shall be submitted, in writing, to the Weld County
Department of Planning Services.
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B. The applicant shall provide evidence to the Department of Planning
Services that all noncommercial junkyard items, (tires, pipe, pallets)
located on the property are screened from all adjacent properties and
public rights -of -way, or have been removed from the property.
C. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
The applicant shall submit a Sign Plan to the Department of Planning
Services, for review and approval.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0046.
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) CR 74 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 74
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.
6) The applicant shall show the approved access(es) on the plat and
label with the approved access permit number (will be provided).
7) The existing 2,000 -square -foot building, constructed in 1952,
located north of and adjacent to CR 74, approximately 885 feet
west of CR 51, with a site address of 24767 CR 74, Galeton, CO
80622, is considered to be a non -conforming structure. Case
NCU13-0008 has been established for the building. The
2,000 -square -foot commercial building, constructed in 1952, is
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required to maintain compliance with Chapter 23, Article VII, of the
Weld County Code.
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
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. (Department of Planning Services)
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 30th day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD ! Y, COLORADO
erwaat
ATTEST:
Weld County Clerk to the Board
BY:
AP
Deputy
erk to the Board
oun y Attorney
NOV 15 201
Date of signature:
arcia,Chhhaa
evAkcil
.fteavvii4+1ari
Douglas Rademacher, Pro-Tem
ik- Freeman
rbara Kirkmey
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ELECTRICAL SYSTEMS PROFESSIONALS, INC.
USR13-0046
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0046, is
for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts, (electrical contractors shop) 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 employees is limited to twenty (30) persons.
5. 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.
6. 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.
7. 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 facility shall operate in accordance with the approved Waste Handling
Plan, at all times.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
9. 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.
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
11. The facility shall utilize the existing municipal sewage treatment system (Galeton Water
and Sanitation District).
12. The facility shall utilize the existing public water supply (North Weld County Water
District).
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13. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling. 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. 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.
17. The historical flow patterns and runoff amounts will be maintained on the site.
18. There shall be no parking or staging of vehicles on County roads. On -site parking shall
be utilized.
19. A Building Permit may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes;
2006 International Energy Code; 2011 National Electrical 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 Colorado registered
engineer shall be required or an Open Hole Inspection.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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.
23. The property owner or operator shall be responsible for complying with all of the
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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.
24. 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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