HomeMy WebLinkAbout20133106.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0039, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (AUTOMOBILE REPAIR) 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 - LEE AND ANDREA
LARSON
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 November, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lee and Andrea Larson, 19247 State Highway 60, Platteville, CO
80651, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0039,
for a use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (automobile repair) 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 -5502; being part
of the E1/2 SE1/4 of Section 30, Township 4 North,
Range 66 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 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."
3) 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 applicant is proposing to
use the existing shop to repair automobiles. No outdoor storage is
proposed. The Department of Planning Services is requiring a
Lighting Plan be submitted to address the impacts from this facility
on neighboring properties and rights -of -way. This Lighting Plan,
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.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
a Use by Special Review in the Commercial or Industrial Zone Districts
(automobile repair) 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. Once the approved plat is recorded, the violation will be
corrected.
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 (1) mile west of the Town of Gilcrest. The site
contains the applicant's residence, a shop, and a couple of sheds. State
Highway 60 borders the site on the east; the property adjacent to the
north has a residence and a USR for a commercial greenhouse
(USR-839). The adjacent land to the west and south is cropland. The
closest residence is approximately 200 feet north of the north property
line. Including the USR for the commercial greenhouse, there are four (4)
USRs located within one (1) mile of this parcel. USR-1695, for a mineral
resource development facility, is approximately four -tenths (0.4) of a mile
south of the site. USR-866, for an oil and gas support facility, is
approximately one-half (0.5) mile southeast of the site and USR-1209, for
house moving and outdoor storage, is approximately one (1) mile
southeast of the site. The Weld County Department of Planning Services
has not received any communication from the surrounding property
owners about this USR. The Department of Planning Services is requiring
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a Lighting Plan be submitted to address the impacts from this facility on
neighboring properties and rights -of -way. This lighting plan, along with the
Conditions of Approval and Development Standards will assist in
mitigating the impacts of the facility on the adjacent properties.
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 (3) mile referral areas of
the Towns of Gilcrest, Milliken, and Platteville. The Town of Milliken
responded on July 17, 2013, with no concerns and the Towns of Gilcrest
and Platteville did not respond with any comments.
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 Prime (Irrigated) per the
1979 Soil Conservation Service Important Farmlands of Weld County
Map. The proposed USR will take approximately 2.76 acres of Prime
(Irrigated) Farmland out of production. However, this is a Recorded
Exemption lot with existing improvements and does not appear to have
been used as cropland for quite some time.
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 can ensure
that there are adequate provisions for the protection of 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 Lee and Andrea Larson, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0039, for a use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (automobile repair) 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 Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F. which states, in part, that, "any lighting
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shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties."
B. In accordance with Chapter 23, Article IV, Division 2, the applicant shall
submit a Signage Plan to the Department of Planning Services, for review
and approval. The quantity, size and location of the signs shall comply
with Appendix 23-C and Appendix 23-D.
The number of parking stalls proposed is sufficient; however, one of the
parking stalls shall comply with Section 208 of the 2010 Americans with
Disability Act and be ADA accessible.
D. The applicant shall submit a revised Waste Handling Plan, for approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The plan shall include, at
a minimum, the following:
1) Procedures for cleanup and disposal of vehicle fluid spills.
2) The addresses and phone numbers of the waste handling
companies and disposal/recycling facilities for the automotive
repair wastes.
E. In the event washing of vehicles will occur on site, the applicant shall
ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles, in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle washing areas should be
designated on the plat.
F. The applicant shall submit documentation showing that floor drain wastes
from any vehicle maintenance facility is captured in a watertight vault and
hauled off for proper disposal.
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G. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0039.
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 Lighting Plan.
7) The approved Signage Plan.
8) CDOT has jurisdiction over all accesses to state highways. The
applicant shall show the approved CDOT accesses on the plat
and label with the approved CDOT access permit number(s), if
applicable.
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.
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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. Prior to operation, the applicant shall obtain a Change of Use Permit for the
garage [shop].
6. 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 13th day of November, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CQL-1]VTY, COLORADO
Weld County Clerk to the Board
BY:
Deputy Cler
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
o the Board
an P. Conway
APP' e . v. AS TO
orney
Date of signature: DEC 0 6 2013
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEE AND ANDREA LARSON
USR13-0039
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0039, is
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (automobile repair) 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,
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on -site employees shall be commensurate with the number of persons
which the septic systems may accommodate in accordance with the requirements of the
Weld County Code pertaining to Individual Sewage Disposal Systems Regulations
(I.S.D.S.).
4. The hours of operation are 7:00 a.m. - 8:00 p.m., Monday — Friday, and 9:00 a.m. to
Noon on Saturday.
5. All signs shall be in compliance with the Weld County Code.
6. The parking, sign(s), and lighting on the site shall be maintained in accordance with the
approved Parking/Sign/Lighting Plans.
7. 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.
8. The historical flow patterns and runoff amounts will be maintained on the site.
9. Weld County is not responsible for the maintenance of on -site drainage related features.
10. There shall be no parking or staging of vehicles on County roads. On -site parking shall
be utilized.
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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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. The applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
14. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges, in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
15. Process 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.
16. 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.
17. 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.
18. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
19. Sewage disposal for the facility shall be by septic system. In the event the applicant
intends to utilize the septic system at the existing home for clients and employees, the
septic system shall be reviewed by a Colorado Registered Professional Engineer if the
usage exceeds six (6) people per day. If the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current regulations. 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. The facility shall utilize the existing public water supply.
21. The existing well (permit #155183-A) shall be used for irrigation of no more than 30,000
square feet of home gardens and lawns, watering of livestock and may not be used as a
water supply inside the existing residence for the proposed business.
22. All potentially hazardous chemicals must be stored and 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).
23. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
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 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
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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, the County Facility Fee, and Drainage Impact Fee
Programs.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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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