HomeMy WebLinkAbout20130627.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0073, FORA USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (RESEARCH, REPAIRING, MANUFACTURING, FABRICATING,
PROCESSING, ASSEMBLING, STORAGE AND RETAIL SALES OF TIME LAPSE
PHOTO EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARK
ROBERTS JR.
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 Mark Roberts Jr., 7113 County Road 86, Fort Collins, Colorado
80524, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0073,
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (research, repairing, manufacturing, fabricating,
processing, assembling, storage and retail sales of time lapse photo equipment) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RE -51; being part of
the SW1/4 of Section 32, Township 8 North,
Range 67 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 Use By Special Review process
affords the applicant the opportunity to request a Use by Special
Review in the Commercial or Industrial Zone Districts (research,
repairing, manufacturing, fabricating, processing, assembling,
storage and retail sales of time lapse photo equipment) in the
A (Agricultural) Zone District.
3) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change
for more intensive development." The Conditions of Approval and
Development Standards ensure there are adequate services and
facilities available to accommodate the proposed request. The
applicant will cover all costs associated with providing adequate
services and facilities. The applicant provided a Letter of
Commitment from the North Weld County Water District for public
water.
4) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." No correspondence was
received from surrounding property owners objecting to the
proposed request.
5) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."
6) Section 22-6-20.A (ECON.Goal 1) states: "Encourage the
expansion of existing businesses and the location of new
industries that will provide employment opportunities in the
County."
7) Section 22-6-20.B (ECON.Goal 2) states: "Support and facilitate
public and private economic development efforts that are
consistent with the Goals and Policies of the County."
8) Section 22-6-20.C (ECON.Goal 3) states: "Structure land use
policies and regulations so that they encourage County -wide
economic prosperity and economic growth." The applicant is the
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sole owner and chief engineer of Harbortronics and has been in
business for 13 years. Approval of this application would allow the
applicant to increase the utilization of his property with minimal
impact to the surrounding area, encourage diversity and promote
entrepreneurial ventures available to a worldwide market while
providing growth to the local economy.
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 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 (research, repairing,
manufacturing, fabricating, processing, assembling, storage and
retail sales of time lapse photo equipment) 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
two (2) miles north of State Highway 14 and one (1) mile west of the
Larimer/Weld County line just east of the intersection of County Roads
(CR) 15 and 86. The subject property, Lot B of RE -51, is bound on the
west, north and east by a ±153 -acre tract owned by Anheuser Bush, Inc.
and consists of vacant pasture and irrigated cropland land. There is a
residence with horses located on the ±153 -acre property directly west and
adjacent to the subject property. South of the property across CR 86 is
the Sage Hill Subdivision, a large lot residential subdivision that currently
has one (1) developed lot. Generally, the properties west of CR 15 are
5-80 acre rural residential parcels, Recorded Exemption lots and three (3)
county subdivisions. The properties east of CR 15 consist of large
acreage parcels and Recorded Exemption lots. Within 1.5 miles to the
south and east are three (3) approved USR's consisting of a Cabinet
Shop Business (USR #1103), Hay Stacking Business (USR #1531), and
a Construction Business (USR #1466). The applicant has utilized a
Gambrel Barn design for cohesiveness with the surrounding agricultural
character and all proposed uses will occur within the barn. No outdoor
storage is proposed with the current application.
D. 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 not located within an Urban Growth Boundary
or Intergovernmental Agreement (IGA) area. The site is located within
the three-mile referral area of Larimer County and the Town of
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Severance. No referral comments were received from Larimer County or
the Town of Severance.
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 Program, County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the location 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. There are improvements on the site,
including a single family dwelling unit, four (4) outbuildings, and
livestock/equestrian facilities. The site is urbanized.
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), and 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 Mark Roberts Jr., for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0073, for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (research, repairing, manufacturing, fabricating, processing, assembling, storage and
retail sales of time lapse photo equipment) 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 complete a Nonexclusive License Agreement for the
use and maintenance of CR 86 right-of-way. (condition met 2/19/13)
B. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated December 17, 2012.
Written evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
C. The applicant shall enter into a Private Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for all transportation (access drive, parking areas,
etcetera) and non -transportation (fencing, screening, drainage etcetera).
The agreement and form of collateral shall be reviewed by County Staff
and accepted by the Board of County Commissioners prior to recording
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the USR plat. The applicant may submit evidence that all the work has
been completed and reviewed by the Department of Planning Services
and the Department of Public Works.
D. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0073.
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 water quality feature on the plat
and label as "No Build/Storage Area." Label water quality feature
dimensions and required volume.
5. CR 86 Section Line has 60 feet of unmaintained County line
right-of-way. The Non exclusive License Agreement recording
number shall be noted on the plat. The applicant shall verify the
existing 60 feet of 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 right-of-way. The
applicant shall label County Road 86 as a non-exclusive,
non -County maintained road on the plat.
6. The applicant shall label the intersection of CR 15 and CR 86 as
the access point on the plat and label with Access Permit Number
AP 13-00003.
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 23-2-60.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. 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.
5. 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.
6. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. Evidence of approval by the Department of Public
Health and Environment shall be provided to the Department of Planning
Services.
7. 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 13th day of March, A.D., 2013.
BOARD OF NTY COMMISSIONERS
WELD ,O T OLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk
County Attorney
Date of signature:
rbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARK ROBERTS JR.
USR12-0073
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0073, is
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (research, repairing, manufacturing, fabricating,
processing, assembling, storage and retail sales of time lapse photo equipment) 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 number of on -site employees shall be limited to five (5), as stated in the application
material.
4. The hours of operations shall be limited to 8:00 AM - 5:00 PM, Monday through Friday,
as stated in the application material.
5. The site shall be maintained in accordance with the approved Site Plan, Landscape
Plan, and Lighting Plan.
6. All signs shall be in compliance with the Weld County Code.
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, as delineated in Section 14-9-30 of the Weld County Code.
12. 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
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stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
14. Sewage disposal for the facility shall be by septic system. 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.).
15. 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.
16. The facility shall utilize the existing public water supply (North Weld County Water
District).
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. Building permits issued on the proposed lot will be required to adhere to the fee structure
of the County -Wide Road Impact Fee Program.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
22. 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.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. 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.
25. 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
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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.
26. 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.
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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