HomeMy WebLinkAbout20112244 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1783 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS, (SALE OF ANIMAL FEED, PET FOOD, PINTO BEANS, HAY, STRAW
AND SHAVINGS, CARS, TRUCKS, FARM EQUIPMENT, TRAILERS, CAMPERS,
RV'S, BOATS, ATV'S MOTORCYCLES, SHEDS, SALE OF FOOD FROM A SELF-
CONTAINED MOBILE UNIT, AND THE PURCHASE OF METAL AND ALUMINUM
CANS FROM THE PUBLIC) IN THE A (AGRICULTURAL) ZONE DISTRICT - UNION
PACIFIC RAILROAD COMPANY, C/O JEREMY LONG
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 17th day
of August, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of the Union Pacific Railroad Company, 1800 Farnam Street, Omaha,
Nebraska 68102, c/o Jeremy Long, 16166 County Road 44, LaSalle, Colorado 80645, for a Site
Specific Development Plan and Use by Special Review Permit#1783 for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts, (sale of animal feed, pet food, pinto beans, hay, straw and shavings, cars, trucks, farm
equipment, trailers, campers, RV's, boats, ATV's motorcycles, sheds, sale of food from a self-
contained mobile unit, and the purchase of metal and aluminum cans from the public) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Union Pacific Railroad Right-of-Way being located
in part of the NW1/4 NW1/4 of Section 23,
Township 4 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Amy Long,
16166 County Road 44, LaSalle, Colorado 80645, 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:
, PL, Pte, t4 L, Appl. ' V 2011-2244
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SPECIAL REVIEW PERMIT #1783 - UNION PACIFIC RAILROAD COMPANY, C/O JEREMY
LONG
PAGE 2
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.
Section 22-2-150.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support such
development. Such development shall attempt to be compatible with the
region." The Conditions of Approval and Development Standards will
ensure that the proposed use will be compatible with the area. The
surrounding property is primarily agricultural in nature. 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 has screened a portion of the
outside storage area along U.S. Highway 85. As a Condition of Approval,
the applicant will be required to screen the outdoor storage and parking
areas associated with the business from the surrounding property owners
and public rights-of-way.
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.R 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,
(retail sale of animal feed, pet food, pinto beans, hay, straw and shavings,
cars, trucks, farm equipment, trailers, campers, RV's, boats, ATV's,
motorcycles and sheds and the retail sale of food from a self contained
mobile unit and the purchase of metal and aluminum cans from the
public) in the A (Agricultural) Zone District. Currently, the property is in
violation (ZCV10-00098) for the operation of a business without the
necessary land use permits. Once the USR plat is recorded, the violation
will be closed.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
property to the north, south, east, and west are zoned A (Agricultural).
No comments have been received from the surrounding property owners.
The Hunt-Wiedeman PUD to the northwest has Agriculture,
C-3 (Business Commercial), and E (Estate) uses. Therefore, given the
minimal impact of the proposed business, the use will be compatible with
the 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 property is not located within an Intergovernmental
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SPECIAL REVIEW PERMIT #1783 - UNION PACIFIC RAILROAD COMPANY, C/O JEREMY
LONG
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Agreement Area but does lies within the three-mile referral area for the
City of Evans, Town of Gilcrest, and Town of LaSalle. The Town of
LaSalle stated, in the referral dated May 25, 2011, that it has no conflicts
with the proposed development. The City of Evans and the Town of
Gilcrest did not respond to the referral request. The majority of the
surrounding area is zoned A (Agriculture), with the Hunt-Wiedeman PUD
to the northwest including A (Agricultural), C-3 (Business Commercial),
and E (Estate) uses. To the east is Martin Produce Processing and
Storage (AMUSR-548) and to the northeast is the Martin Bros. Migrant
Housing (USR-1084). The Conditions of Approval and Development
Standards will ensure that the use will be compatible with existing
surrounding land uses.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee area. Effective April 25, 2011, building permits issued on the
proposed lots 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 subject site will be required to adhere to
the fee structure of the County Facility Fee and the 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 subject site is classified as "Prime (Irrigated)
Farmlands of National Importance," as delineated on the Important
Farmlands of Weld County map, dated 1979. The parcel is 13 acres in
size and currently developed as Railroad right-of-way; therefore, the
proposed USR does not take any additional Prime (Irrigated) Farmland
out of production.
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 of the Weld
County Code), Operation Standards (Section 23-2-250 of the 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of the Union Pacific Railroad Company, c/o Jeremy
Long, for a Site Specific Development Plan and Use by Special Review Permit #1783 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts, (sale of animal feed, pet food, pinto beans, hay, straw and shavings,
cars, trucks, farm equipment, trailers, campers, RV's, boats, ATV's motorcycles, sheds, sale of
food from a self-contained mobile unit, and the purchase of metal and aluminum cans from the
public) 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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SPECIAL REVIEW PERMIT #1783 - UNION PACIFIC RAILROAD COMPANY, C/O JEREMY
LONG
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1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1783.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. 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.
E. The applicant shall identify, on the plat, the U.S. Highway 85 Access
Corridor Plan, as noted: "The location at the intersection of U.S.
Highway 85 and County Road 44 is identified in the U.S. Highway 85
Corridor Plan that mile-marker 258.60 has a high priority. This access
currently functions as a full movement, un-signalized intersection. The
angle of the intersection is approximately 50 degrees. Be aware that
future improvements in the way of re-alignment or signalization may
impact your parcel."
F. The plat shall delineate the approved Screening Plan.
G. 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.
H. The Department of Planning Services has determined from the
application materials that eight (8) parking spaces and one (1) ADA
parking space will be required on the site. Each parking space should be
equipped with wheel guards, where needed, to prevent vehicles from
extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, sidewalks, or plantings.
The plat shall show the location of the display area for the following: cars,
trucks, farm equipment, trailers, campers, RV's, boats, ATV's,
motorcycles and sheds.
J. The plat shall show the location of the following: self contained mobile
food unit and were the metal and aluminum cans are to be recycled.
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LONG
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2. The applicant shall address the requirements/concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
June 16, 2011. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. The applicant shall address the requirements/concerns of the Western Mutual
Ditch Company, as stated in the referral response dated June 2, 2011. Evidence
of such shall be submitted, in writing, to the Weld County Department of Planning
Services.
4. The applicant shall submit a Screening Plan to the Weld County Department of
Planning Services, for review and approval. The Screening Plan shall screen all
outdoor storage and parking areas from surrounding properties and adjacent
rights-of-way.
5. 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 the USR plat. The applicant may submit
evidence that all the work has been completed and reviewed by the Departments
of Planning Services and Public Works.
6. Upon completion of Conditions of Approval #1 through #5 above, the applicant
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 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 sixty (60) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
7. In accordance with Weld County Code Ordinance #2006-7, approved June 1,
2006, 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 added for each additional three (3) month period.
8. 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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SPECIAL REVIEW PERMIT #1783 - UNION PACIFIC RAILROAD COMPANY, C/O JEREMY
LONG
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9. 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 17th day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: c 2 1tt 4 Cc z/:.
/ t 7/ic c,
Barbara Kirkmeyer, Clair
Weld County Clerk to the Board
• Sean P. Co. -y, Pro-Tem /
BY: e A, �� l l_ 4 r�
Deputy Cl k to the Bo,
$L7
F. Garcia
APPROVED ' • FOR . r.
� � a E. Long
un Attorney
ougla� s ademacher
Date of signature: lb -3- t I.
2011-2244
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UNION PACIFIC RAILROAD COMPANY
C/O JEREMY LONG
USR#1783
1. A Site Specific Development Plan and Use by Special Review Permit #1783 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (retail sale of animal feed, pet food, pinto beans,
hay, straw and shavings, cars, trucks, farm equipment, trailers, campers, RV's, boats,
ATV's, motorcycles and sheds and the retail sale of food from a self contained mobile
unit and the purchase of metal and aluminum cans from the public), 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 employees shall be limited to ten (10).
4. The hours of operations shall be limited to 6:00 a.m., to 8:00 p.m., daily.
5. 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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. 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.
10. 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.
11. 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.
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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DEVELOPMENT STANDARDS - UNION PACIFIC RAILROAD COMPANY, C/O JEREMY
LONG (USR#1783)
PAGE 2
13. Sewage disposal for the facility shall be by septic system when the number of
employees utilizing the site exceeds ten (10). Any septic system located on the property
shall comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. A vault would be an acceptable sewage disposal system
while the use is subject to a year-to-year lease.
14. A permanent, adequate water supply shall be provided. The facility shall utilize the
existing public water supply (Central Weld County Water District).
15. The applicant shall comply with the Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
16. 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 and volatile organic compounds.
17. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The facility shall maintain registration as a recycling facility with the Colorado
Department of Public Health and Environment and comply with Section 8 (Recycling) of
the Regulations pertaining to solid waste sites and facilities (6 CCR 1007-2, Part 1).
20. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
21. Effective April 25, 2011, building permits issued on the subject site will be required to
adhere to the fee structure of the County Facility Fee and the Drainage Impact Fee.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of 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 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.
25. The Screening on the site shall be maintained in accordance with the approved
Screening Plan.
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DEVELOPMENT STANDARDS - UNION PACIFIC RAILROAD COMPANY, C/O JEREMY
LONG (USR#1783)
PAGE 3
26. 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.
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 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.
29. Weld County is not responsible for the maintenance of on-site drainage related features.
30. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
31. Off-Street parking spaces, including the access drive, shall be surfaced with gravel and
shall be graded to prevent drainage problems.
32. At the northeast corner of the property, adjacent to the Union Pacific Railroad, the
applicant shall maintain the site distance triangle. Landscaping and storage of
equipment shall not exceed a height of 2.5 feet at this location, to avoid causing difficult
site distance to the south for on-coming train traffic.
33. 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.
34. 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.
35. 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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