HomeMy WebLinkAbout20122773.tiff RESOLUTION
RE: APPROVE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR12-0037, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (LAWN AND LANDSCAPING BUSINESS),
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 - ELIZABETH HANSEN, CIO JEFFREY
GOULD
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 10th day
of October, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Elizabeth Hansen, do Jeffrey Gould, 20240 County Road 17,
Johnstown, Colorado 80534, for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0037, for any Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (lawn and landscaping business),
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-1814; being part
of the SW1/4 of Section 21, Township 4 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 23-2-230.6 of the Weld County Code as follows:
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A. Section 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Goal 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." Application materials and a review of
the property indicate the site can support the proposed use.
2) Section 23-2-240.A.10 of the Weld County Codes states: "...that
buffering or screening of the proposed Use from adjacent
properties may be required in order to make the determination that
the proposed Use is compatible with the surrounding uses." The
applicant is proposing landscaping to screen the parking and the
outdoor storage of landscaping material.
3) Section 22-2-100.D (C.Goal 4) states: "New commercial uses or
expansion of existing commercial uses should meet existing
federal, state and local policies and legislation." Conditions of
Approval and Development Standards will ensure that the
proposed use meets the existing federal, state and local policies
and legislation.
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 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
(lawn and landscaping business) in the A (Agricultural) Zone
District. Currently, the property is in violation (ZCV12-00093) for
the operation of a landscaping business without an approved and
recorded Use by Special Review permit (USR). If the USR plat is
recorded, 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 subject property
is located in an agricultural area with residential properties to the north
and west across County Road (CR) 17. The properties on the east, west
and south are annexed to the Town of Johnstown. The properties to the
west (across CR 17) are part of the Stroh Subdivision; a developing
residential small-lot subdivision in Johnstown. The properties to the east
and south are currently used for agricultural purposes. The property to
the north is in the County and received a USR to operate a landscaping
business (USR-1725) in 2010. This property also contains the closest
residence; a single family dwelling approximately 200 feet north of the
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property line of the subject property. The existing structures on the
subject property include a primary dwelling unit, a shop, and several small
out buildings. The Weld County Department of Planning Services has
received no letters or comments from the surrounding property owners.
The Landscaping, Screening, and Lighting Plan, in addition to the
Conditions of Approval and Development Standards, for this proposal will
assist in mitigating the impacts of the facility on the adjacent properties
and 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 subject property is located within the three-mile
referral area of the Towns of Johnstown, Berthoud, and Milliken. The
Town of Johnstown, in the letter dated May 9, 2012, stated that additional
improvements may be needed to ensure safe ingress and egress when
CR 17 is improved and widened. The Town of Berthoud, in the referral
dated June 25, 2012, stated that it has no concerns with the proposed
development. The Town of Milliken did not respond.
E. Section 23-2-230.8.5 -- The application complies with Chapter 23, Article
IV, of the Weld County Code. Effective April 25, 2011, building permits
issued on the property 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 property lot will be required to adhere to
the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is classified as "Prime Irrigated Farmlands
of National Importance" as delineated on the Important Farmlands of
Weld County map, dated 1979. This parcel is 1.61 acres in size and is
currently developed as a residential property; therefore, it is not
conducive to farming. Lot A was created with the approval of Recorded
Exemption (RE-1814) and that process subdivided the improvements
from the adjacent agrarian lands.
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), 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Elizabeth Hansen, c/o Jeffrey Gould, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0037, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (lawn and landscaping business), 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 either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators.
B. The applicant shall comply with Appendix 23-B of the Weld County Code
and Section 208 of the 2010 Americans with Disability Act (ADA).
C. In accordance with Chapter 23, Article II, Division 4, Section 23-2-
240(A)(10) of the Weld County Code, the applicant shall submit a
Screening Plan to the Department of Planning Services, for review and
approval.
D. In accordance with Chapter 23, Article II, Division 4, Section 23-2-260(B)
(12) of the Weld County Code, the applicant shall submit a Landscape
Plan to the Department of Planning Services, for review and approval.
E. If applicable, in accordance with Chapter 23, Article IV, Division 2 of the
Weld County Code, 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.
F. Section 23-3-360.F states, in part, that: "any lighting...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...." The applicant shall
submit a Site Lighting Plan that shall comply with Section 23-3-360.F of
the Weld County Code
G. The applicant shall submit a revised Dust Abatement Plan, to include
measures to mitigate on-site dust, to the Weld County Department of
Public Health and Environment.
H. In the event that washing of vehicles and equipment will occur on-site, the
applicant shall ensure that any vehicle and equipment washing area(s)
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shall capture all effluent and prevent discharges from the washing of
vehicles and equipment 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.
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 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.
J. A copy of the Commercial Applicators License from the Colorado
Department of Agriculture shall be provided to the Weld County
Department of Public Health and Environment.
K. The applicant shall submit documentation showing floor drain wastes
from any vehicle maintenance facility is captured in a watertight vault and
hauled off for proper disposal.
L. 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) A list of wastes which are expected to be generated on-site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored
on-site.
3) A list of the waste handler and facility where the waste will be
disposed (including the facility name, address, and phone
number).
M. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0037.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
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4) The vicinity map shall adhere to Section 23-2-260.D.4 of the Weld
County Code.
5) The applicant shall delineate the trash collection areas. Section
23-3-350.H. states: "Areas used for storage or trash collection
shall be screened from adjacent public rights-of-way and adjacent
properties. These areas shall be designed and used in a manner
that will prevent wind- or animal-scattered trash."
6) The approved Landscape and Screening Plan. All outdoor
storage of material, vehicles and equipment shall be screened
from adjacent properties and public rights-of-way.
7) The approved Signage Plan, if applicable.
8) The approved Lighting Plan.
9) The applicant shall show the approved water quality feature on the
plat and label it as a "No Build/No Storage Area."
2. The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 above, 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 23-2-260.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.
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 the release of building permits:
A. 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: 2006 International Building Code,
2006 International Mechanical Code, 2006 International Plumbing Code,
2006 International Energy Code, 2006 International Fuel Gas Code, 2011
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National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
B. Any structures proposed to have changed uses will require a Commercial
Building Permit for change of use. A code analysis, floor plan and
complete set of plans for any alteration and possibly a structural analysis
by a professional engineer will be required. No permits were located for
the barn structure or the individual sheds on the property. These
buildings will require permits in order to be used as part of the business.
If these buildings comply with the ag-exempt portion of the code, the
applicant shall submit a Certificate of Compliance (COC) Permit.
C. A building permit will be required for any new construction, alteration, or
addition to any buildings or structures on the property. 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.
D. All building plans shall be submitted to the local Fire District (Johnstown
Fire Protection District), for review and approval, prior to issuing of
building permits.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of October, A.D., 2012.
e"` BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
.w l
ATTEST: 1861 c Q2C-�
" S�n P.L' ay,
Chair
Weld County Clerk to the
U -rAce d(5
;, William F. Garcia, Pr Tem
BY:
Deputy CI to the Board L LLL' . U /7 y ,c/L2
tiara Kirkmeye
AP ED A ORM: cJ
David E. Long
Coun y Attorney EXCUSED
Douglas Rademacher
Date of signature: 1�1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ELIZABETH HANSEN, C/O JEFFREY GOULD
USR12-0037
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0037, is
for any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (lawn and landscaping business) 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 full-time, on-site employees shall be limited to ten (10), as stated in the
application materials.
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 applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
8. Any vehicle and equipment washing area(s) shall capture all effluent and prevent
discharges from washing of vehicles and equipment in accordance with the rules and
regulations of the Water Quality Control Commission and the Environmental Protection
Agency.
9. 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.
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees of
the facility, at all times. As employees are on-site for less than two (2) hours a day,
portable toilets and bottled water are acceptable.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. 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
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technical review describing the system's ability to handle the proposed hydraulic load.
The review shall be submitted to 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.
13. The facility shall utilize the existing public water supply (Little Thompson Water District).
14. All pesticides, fertilizer, and other 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 stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
15. The applicant shall comply with all provision of the Pesticide Applicators' Act issued by
the Colorado Department of Agriculture, Division of Plant Industry.
16. 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. 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.
20. Weld County is not responsible for the maintenance of on-site drainage related features.
21. 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.
22. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
23. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
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24. 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.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 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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