HomeMy WebLinkAbout20120454.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0017, FOR AN AMENDMENT TO USR-671 (FARM EQUIPMENT
REPAIR SHOP) FOR EXPANSION OF OUTDOOR STORAGE OF VEHICLES,
MATERIALS AND PARTS ASSOCIATED WITH THE FARM EQUIPMENT REPAIR
SHOP, ALONG WITH A TOWING SERVICE, AN IMPOUND LOT, AND TRUCK
REPAIR IN THE A (AGRICULTURAL) ZONE DISTRICT - LAWRENCE AND
THERESE SCOTT
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 15th day
of February, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lawrence and Therese Scott, 4371 County Road 27, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit,
USR11-0017, for an Amendment to USR-671 (farm equipment repair shop) for Expansion of
outdoor storage of vehicles, materials and parts associated with the farm equipment repair
shop, along with a towing service, an impound lot, and truck repair in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot A of Amended Recorded Exemption #1379;
being part of the SW1/4 of Section 1, Township 1
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicants were present and represented by David
Pehr, 5238 County Road 23, 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 applicants 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 applicants have
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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.
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SPECIAL REVIEW PERMIT (USR11-0017) - LAWRENCE AND THERESE SCOTT
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1) Section 22-2-20.B.2 (A.Policy 2.2) states, "Allow commercial and
industrial uses, which are directly related to, or dependent upon,
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where
adequate services and infrastructure are currently available or
reasonably obtainable. These commercial and industrial uses
should be encouraged to locate in areas that minimize the
removal of agricultural land from production."
2) Section 22-2-20.A (A.Goal 1) states, "Respect and encourage the
continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and
sustainability of agriculture."
3) Section 22-2-20.1 (A.Policy 9.3) states, "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as but not limited to clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
This proposed Amended Use by Special Review Permit is to expand an
existing farm equipment repair shop originally approved by the Board of
County Commissioners on May 15, 1985, under USR-671. This use
consists of mostly indoor repair of vehicles, some outdoor repair of larger
vehicles, and some outdoor storage of vehicles and equipment awaiting
repair, or repaired vehicles awaiting payment of repairs. In addition to
this use, the applicants intend to operate a vehicle towing business
(estimated at approximately one tow per week) and a screened impound
lot for storage of wrecked, derelict, or abandoned vehicles for the
Colorado Highway Patrol (estimated at approximately two times per
month), and truck repair. The Conditions of Approval and Development
Standards (such as screening of outdoor vehicles and equipment storage
associated with the business) will 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. Per Sections 23-3-40.B.4 and
23-3-40.S of the Weld County Code: Farm equipment sales, repair and
installation facilities, and any use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone
Districts, 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, are listed as Uses by Special
Review 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. This property is in
violation due to the expansion of a Use by Special Review (USR-671)
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permitted area without the necessary Weld County Zoning Permits and
the presence of non-permitted mobile homes and a Noncommercial
Junkyard. This case was presented to the Board of County
Commissioners through the Violation Hearing process on February 8,
2011. At that hearing, the Board referred this case to the County
Attorney's office, but delayed legal action for 30 days. The applicants
submitted this USR application to address the expansion of the
boundaries of USR-671. This complaint was from a private citizen.
This application, if approved by the Board of County Commissioners, and
once a plat is recorded, will correct a portion of the violation. If this
application is denied, the commercial use shall be reduced to fall back
within the guidelines as established through USR-671. Additionally, if
denied by the Board of County Commissioners, this case will proceed
with legal action accordingly.
There is an existing single family residence and outbuildings located on
the parcel immediately to the west of the USR site and two other single
family residences located approximately 150 to 300 feet to the northwest
of the site. Farmland is located to the south, and vacant land and an old
gravel mining site are located to the north and east of the USR property.
No letters, e-mails, nor telephone calls from surrounding property owners
have been received in response to this land use request. Staff is
requiring screening of outdoor vehicle and equipment storage from
adjacent residences and rights-of-way to ensure compatibility with
existing surrounding properties.
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 proposed USR site is located within the three-mile
referral areas of the City of Fort Lupton and the Town of Frederick. No
referral response has been received from either municipality.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the proposed lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
April 25, 2011, 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.
f. Section 23-2-230.B.6 -- The applicants have demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use. This Use by Special Review Permit application is to
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address expansion of an existing commercial business that has occurred
since the original USR was approved. No additional agricultural land is
being taken out of production.
g. Section 23-2-230.B.7 — The Conditions of Approval and Development
Standards will ensure 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 Lawrence and Therese Scott, for a Site Specific
Development Plan and Use by Special Review Permit, USR11-0017, for an Amendment to
USR-671 (farm equipment repair shop) for Expansion of outdoor storage of vehicles, materials
and parts associated with the farm equipment repair shop, along with a towing service, an
impound lot, and truck repair 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 applicants shall submit a revised Dust Abatement Plan to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment, for review and approval.
B. All Weld County Individual Sewage Disposal System (I.S.D.S.)
regulations and policies apply. Septic Repair Permit SP-1100141 must
receive a final inspection and approval through the Weld County
Department of Public Health and Environment, Environmental Health
Services Division.
C. The applicants shall address the requirements of the Fort Lupton Fire
Protection District, as stated in the referral response dated October 24,
2011. Written evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
D. The applicants shall provide evidence to the Department of Planning
Services that all noncommercial junkyard items located on the property
are screened from all adjacent properties and public rights-of-way, or
have been removed from the property.
E. If lighting exists or is proposed, the applicants shall submit a Lighting Plan
to the Department of Planning Services for review and approval. The
Lighting Plan shall meet the following requirements: 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 in accordance with the plan. Neither the direct
nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets.
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F. The applicants shall submit a Screening Plan to the Department of
Planning Services, for review and approval. The applicants indicate they
will install corrugated metal fencing set one foot high on steel posts and
steel rails. The fencing shall be non-reflective. The applicants shall
indicate what color the metal fencing will be.
G. The applicants shall enter into a Private Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for fencing, screening, etcetera. The agreement and
form of collateral shall be reviewed by County staff and accepted by the
Board of County Commissioners prior to recording the plat. As an
alternative, the applicants may submit evidence that all the work has been
completed and reviewed and approved by the Departments of Planning
Services and Public Works.
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR11-0017.
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) Show the individual parking spaces for employees and customers
and ensure that the parking spaces are not located on top of the
septic leach field. At least one (1) ADA accessible parking space
shall be provided.
5) Show the boundary of the Water Quality Area and label it as
"Water Quality — No Build or Storage Area". The water quality
area may need to be split into two to ensure that the runoff from
the business/shop area and the storage area is caught.
6) 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.
7) In the event washing of vehicles and equipment will occur on the
site, the applicants shall ensure that any vehicle and equipment
washing area(s) are designated on the plat and 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.
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8) The approved Screening Plan.
9) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete, or the equivalent and shall
be graded to prevent drainage problems.
10) The approved Lighting Plan.
2. Upon completion of Condition of Approval #1 above, the applicants shall submit
three (3) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies, the
applicants 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 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date of the Board of County
Commissioners Resolution. The applicants shall be responsible for paying the
recording fee.
3. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be 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.
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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SPECIAL REVIEW PERMIT (USR11-0017) - LAWRENCE AND THERESE SCOTT
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of February, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(4)
ATTEST: J T �,
Sean P. . way, Chair
Weld County Clerk to the Boar Ezra't ,
/I///^/ 4;.. ��Tia ' F. Garcia, Pro-Tem
't BY: - NC.�nn_j 1861 I;Smi-r4 4-0
Deputy cerk to the Boa .� ait CUSED
'r ara Kirkmeyer
AP ED AS FORM: ®`� y' Cr� Fp(
David E. Long 3
�do Attorney p)
/ ouglatRademache
Date of signature: 3 lie
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAWRENCE AND THERESE SCOTT
USR11-0017
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0017, is
for an Amendment to Use by Special Review Permit #671 (farm equipment repair shop)
for expansion of outdoor storage of vehicles, materials, and parts associated with the
farm equipment repair shop, along with a towing service, an impound lot, and truck
repair 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) outside employees.
4. 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.
5. 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.
6. 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.
7. The applicants 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 be operated 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. 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.
11. 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 and volatile organic compounds. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
12. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
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13. 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.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
16. Effective April 25, 2011, 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.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
19. 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 in accordance with the plan. Neither the direct nor 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.
20. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
21. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicants/landowners shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
22. 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.
23. 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.
24. Weld County is not responsible for the maintenance of on-site drainage related features.
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25. 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.
26. 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.
27. 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.
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