HomeMy WebLinkAbout20130520.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0067, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PARKING AND MAINTENANCE OF TRACTOR TRAILERS) 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 - ERNEST AND PATRICIA OSBORN
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 20th day
of February, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Ernest and Patricia Osborn, 32483 County Road 55, Gill, Colorado
80624, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0067,
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (parking and maintenance of tractor trailers) 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 -3610; being part
of the S1/2 of Section 21, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, at the request of the applicant, the Board deemed it
advisable to continue the matter to February 27, 2013, due to the lack of a full quorum, and
WHEREAS, at said hearing on February 27, 2013, 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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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."
2) Section 22-2-80.D (I.Goal 4) states: "All new industrial
development should pay its own way." The applicant will be
responsible for covering 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.
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 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 parks three (3)
commercial vehicles on the site and is allowed, by code, to only
have one (1) commercial vehicle. The attached Conditions of
Approval and Development Standards, including a required
Screening Plan and a Road Improvements and Maintenance Plan,
will address the impacts and attempt to ensure compatibility with
the surrounding area.
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
(parking and maintenance of tractor trailers) 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
(ZCV12-00161). This violation was initiated due to the operation of a
commercial trucking business without an approved and recorded Use by
Special Review (USR) permit. Upon approval and recording of the plat,
the violation will be closed.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
approximately four (4) miles east of the City of Greeley. Adjacent
properties are mainly utilized for pastures, crops, and rural residences.
The nearest residence is located approximately 45 feet from the east
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property line. The Weld County Department of Planning Services has
received three (3) letters from the surrounding property owners indicating
that they support the applicant's proposed use. The attached Conditions
of Approval and Development Standards, including a required Screening
Plan and a Road Improvements and Maintenance Plan, will address the
impacts and attempt to ensure compatibility with the surrounding 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 not located within three (3) miles 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
proposed lot will be required to adhere to the fee structure of the Weld
County Road Impact Program, County Facility Fee and Drainage Impact
Fee.
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. There is a small
section that is designated as "Prime (Irrigated)" 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, as the land is already being used for rural residential.
G. Section 23-2-230.B.7 -- There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Ernest and Patricia Osborn, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0067, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (parking and maintenance of tractor trailers) 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:
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1. Prior to recording the plat:
A. In the event washing of vehicles will occur on the 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.
B. The Waste Handling Plan needs to be revised to include the company
servicing the portable toilets and the location where used tires are
disposed of, including the names, addresses and telephone numbers.
C. The applicant shall submit a Lighting Plan to the Department of Planning
Services for review and approval. Upon approval, the Lighting Plan
information shall be graphically delineated on the USR plat.
D. The applicant shall submit a Landscaping/Screening Plan to the
Department of Planning Services, for review and approval, to screen the
truck parking and the storage area. Upon approval, the Screening Plan
information shall be graphically delineated on the USR plat.
E. If a sign is proposed, the applicant shall submit a detailed Signage Plan to
the Department of Planning Services, including location and size. 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.
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0067.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The approved Landscaping/Screening Plan.
5) The approved Lighting Plan, as applicable.
6) The approved Sign Plan, as applicable.
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) County Road (CR) 55 is designated on the Weld County Road
Classification Plan as a "collector road," which requires 80 -feet of
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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.
9) The boundaries of the proposed Water Quality depression and
label it as "Water Quality — No Build or Storage Area."
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. The plat shall be prepared in accordance with the requirements
of Section 23-260.D of the Weld County Code. Upon approval, the
applicant shall submit a Mylar plat, along with all other documentation
required as Conditions of Approval, 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. 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 27th day of February, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COl4ft1TY, COLORADO
ATTEST:
Weld County Clerk to the Board
AP
ty Attorney
Date of signature MAR 1 9 2013
William F. Garcia, Chair
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Mike Freeman
/Barbara Kirkmeyer
Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ERNEST AND PATRICIA OSBORN
US R12-0067
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0067, is
for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (parking and maintenance of tractor trailers)
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 6:00 a.m. to 6:00 p.m., seven (7) days a week, per the
applicant's request. One of the trucks is allowed to operate 24/7.
4. The number of employees shall be five (5), as stated in the application materials.
5. All 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.
6. The landscaping, screening, and sign(s) on the site shall be maintained in accordance
with the approved Landscape/Screening/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 twelve
(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.
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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.
13. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
14. 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.
15. 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.
16. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. Portable toilets and bottled water are allowed
when employees or contractors are on -site for less than two (2) consecutive hours a
day. 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. In the event the applicant intends to utilize the existing septic system at the home for
employee use, the septic system shall be reviewed by a Colorado registered
Professional Engineer. The review shall consist of observation of the system and a
technical review describing the system's ability to handle the proposed hydraulic load.
The review shall be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the system is found
to be inadequately sized or constructed, the system shall be brought into compliance
with current regulations.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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 on the adjacent
properties. Neither direct, nor reflected, light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets and no colored lights
may be used which may be confused with, or construed as, traffic control devices.
21. Building permits issued on the proposed lot will be required to adhere to the fee structure
of the County -Wide Road Impact Fee Program.
22. Building permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
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23. 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.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
26. 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.
27. 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.
28. 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.
29. 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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