HomeMy WebLinkAbout20112951 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0013, FOR A USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (TRUCK AND TRAILER REPAIR AND
MAINTENANCE SHOP), 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 - STEVE SHARP,
DBA STEVE SHARP TRANSPORTATION
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 16th day
of November, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Steve Sharp, dba Steve Sharp Transportation, P.O. Box 160,
Cokeville, Wyoming 83114, for a Site Specific Development Plan and Use by Special Review
Permit, USR11-0013, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (truck and trailer repair and maintenance
shop), 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 #5111; being part of
the NW1/4 of Section 9, Township 2 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Bob Harrison, 3500 East
156th Avenue, Brighton, Colorado 80602, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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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.
Section 22-2-10.B states the intent of the Agricultural Goals is, "to support
all forms of the agricultural industry and, at the same time, to protect the
rights of the private property owners to convert their agricultural lands to
other appropriate land uses." Steve Sharp Transportation provides a
service to the agricultural industry, as well as other industries, by
repairing tractors and large semi-trailers in an enclosed maintenance
facility.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the Agricultural (A) Zone District.
Sec 23-2-240 Design standards
a) Adequate water service. On October 5, 2011, the Colorado
Division of Water Resources issued a commercial well for the
business (Well Permit No. 75579-F).
b) Adequate sewer service. A septic disposal system will be
constructed and designed according to the use.
c) Structure construction mitigated soil conditions. Geotechnical
investigations will be conducted prior to construction.
d) Adequate fire protection. The Hudson Fire Protection District
serves this property.
e) Parking and vehicle storage. Parking shall not be permitted within
any public right-of-way. An adequate parking area shall be
provided to meet the parking needs of employees, company
vehicles, visitors, and customers.
f) Agricultural Zone setback and offset requirements. The proposed
facility will meet all minimum setback requirements.
g) Access. The proposed access is off of County Road 41 (Access
Permit No. AP11-00449).
h) Access to public rights-of-way. Public Access to County Road 41
has been approved by the County.
i) Buffering from adjacent properties. The majority of property in the
vicinity of this facility is zoned A (Agricultural). The nearest
residence is .25 miles to the south; .88 miles to the northeast, and
1.0 mile to the west. The owner has agreed to screen the
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property, which includes screening the outside vehicle storage
area.
j) Uses by Special Review in the A (Agricultural) Zone District shall
be located on the least prime soils on the property. The newly
created lot for the USR boundary, which was created via
Recorded Exemption RE-5111, removed a portion of the property
from productive farmland. However, a good portion of the
remaining property was able to retain the center pivot and will
continue to be irrigated for crops.
Sec 23-2-250 Operation standards
a.) Comply with noise standards, Sec 25-12-101. The applicant will
comply with the Industrial noise standards.
b.) Comply with lighting standards. Exterior lighting is limited to
security and all lighting will be directed downward and not out or
up.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. There are no
facilities and businesses similar to the one proposed in the area.
However, staff has not received public opposition or opposition from
surrounding property owners with respect to this case.
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. This property is not located within a municipal referral
area or in an area with an adopted Master Plan of an affected
municipality. This subject property, as well as all of the surrounding
properties, are zoned A (Agricultural). Future development of the area
will predominately remain in agricultural production and retain rural uses.
e. Section 23-2-230.6.5 -- 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.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
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proposed use. A portion of the property has been removed from
productive farm lands and situated on Lot A of RE-5111 and other
portions of the property have been retained for agricultural use on Lot B
of RE-5111.
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 applicant has complied with all federal, state, and local
regulations, as applicable.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Steve Sharp, dba Steve Sharp Transportation,
for a Site Specific Development Plan and Use by Special Review Permit, USR11-0013, for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (truck and trailer repair and maintenance shop), 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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR11-0013.
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 approved access shall be shown and labeled with the approved
access permit number.
E. The location of the water quality feature and construction drawings.
F. The water quality feature labeled as a "No Build/Storage Area".
G. County Road 41 is a collector road and requires an 80-foot right-of-way at
full buildout. There is presently a 60-foot right-of-way. This road is
maintained by Weld County. Pursuant to the definition of SETBACK in
the Weld County Code, the required setback is measured from the future
right-of-way line. The applicant shall delineate or dedicate an additional
ten (10) feet of right-of-way parallel to the County Road 41 right-of-way
for future buildout.
H. County Road 24 is a local gravel road and requires a 60-foot right-of-way
at full buildout. There is presently a 60-foot right-of-way. This road is
maintained by Weld County. Pursuant to the definition of SETBACK in
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the Weld County Code, the required setback is measured from the future
right-of-way line.
The following notes shall be added to the plat:
1) The applicant is required to comply with all Colorado Department
of Public Health and Environmental (CDPHE) regulations
regarding berming and spill prevention for materials and liquids
stored on the site.
2) The applicant is required to comply with all Colorado Department
of Public Health and Environment, Water Quality Control Division,
regulations regarding stormwater quality permitting and protection
and construction stormwater discharges.
3) No parking or staging of commercial vehicles on the County road
is allowed.
2. Prior to the release of building permits:
A. If more than 1 acre is to be disturbed, a grading permit will be required
prior to the start of construction. The grading permit application must
contain: an erosion and sediment control plan, a grading plan, installation
details of all BMPs to be utilized, typical installation and maintenance
notes for all BMPs to be utilized, and a copy of the approved CDPHE
stormwater permit.
B. The applicant shall submit evidence of a Colorado Discharge Permit
System or CDPS permit from the Colorado Department of Public Health
and Environment (CDPH&E), Water Quality Control Division, to cover
stormwater discharges from construction sites (5 CCR-1002-61).
Alternately, the applicant can provide evidence from CDPH&E that they
are not subject to the CDPS requirements.
3. Prior to the release of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal Regulations. The septic system is required to be designed by a
Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal Regulations.
4. The project will disturb over one (1) acre of land, therefore, a State-approved
Stormwater Management Plan will be required. The applicant shall provide a
copy of the Stormwater Management Plan application, as submitted to the State,
and then provide a copy of the approved permit once it has been obtained. The
applicant is required to comply with all Colorado Department of Public Health and
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Environment, Water Quality Control Division, regulations regarding stormwater
quality permitting and protection and construction stormwater discharges.
5. The project will disturb over one (1) acre of land, therefore, a Weld County
Grading Permit is required before construction.
6. The applicant shall submit a 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:
a. A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
b. A list of the type and volume of chemicals expected to be stored on the
site.
c. The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
d. Documentation that floor drain wastes from the maintenance facility will
be captured in a watertight vault and hauled off for proper disposal. The
applicant shall include the business name, address, and phone number
for the company that will be contracted to service the vault.
7. Upon completion of Conditions of Approval #1 through #6 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.
8. 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.
9. 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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10. 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 16th day of November, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
wEp COUNTY, COLORAPIO
1 �t ATTEST:/ 41 ynstz
arbara Kirkmeyer, Ch9,r
Weld County Clerk to the Board /
• P. ay, Pro-Tem
BY:
Deputy CI to the Board
„!=m F. Garcia
APP A �
David E. Long
ou ty torney EXCUSED
Douglas Rademacher
Date of signature: 1a'l 9-!I
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STEVE SHARP, DBA STEVE SHARP TRANSPORTATION
USR11-0013
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0013, is
for a Use Permitted as a Use by Right, an Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (truck and trailer repair and maintenance
shop), provided that the property is not a lot in an approved or recorded subdivision plat
or part of a map or plan filed prior to adoption of any regulations controlling subdivisions,
in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on-site employees, as listed and described in the application materials,
are as follows: A total of five (5) employees.
4. The hours of operations, as listed and described in the application materials, are as
follows: 7:00 a.m., to 6:00 p.m., Monday through Sunday, with some hours extending to
10:00 p.m.
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. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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13. A permanent, adequate water supply shall be provided.
14. 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 (HAP's) and volatile organic compounds (VOC's).
15. 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.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. 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.
19. 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.
20. This area IS NOT in a Special Flood Hazard Area (SFHA), as determined by the Federal
Emergency Management Agency (FEMA).
21. 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.
22. 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.
23. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
24. Weld County will not maintain on-site drainage related areas or medians. This must be
addressed by the land owner.
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
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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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