HomeMy WebLinkAbout20110768.tiff RESOLUTION
RE: APPROVE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT #1768 FOR A USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (FORK LIFT BUSINESS) AND ONE (1) SINGLE
FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE (SECOND DWELLING UNIT), IN
THE A (AGRICULTURAL)ZONE DISTRICT—JACK AND HEDDY CARY
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 23rd day
of March, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Jack and Heddy Cary, 10161 State Highway 52, P.O. Box 163, Fort
Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit#1768 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (fork lift business) and one (1) Single Family
Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County
Code (second dwelling unit), in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Recorded Exemption #4821; being part of
the NW1/4 of Section 2, Township 1 North,
Range 67 West of the 6th P.M., Weld County
Colorado, and
WHEREAS, at said hearing, the applicants were present/represented by Jack Cary,
10161 State Highway 52, Fort Lupton, Colorado, 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.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 22-2-10.6 states, "The intent of the agricultural goals is to
support all forms of the agricultural industry and, at the same time,
protect the rights of the private property owners to convert their
agricultural lands to other appropriate land uses. The County
recognizes the importance of maintaining large contiguous parcels
of productive agricultural lands in non-urbanizing areas of the
County to support the economies of scale required for large
agricultural operations". The proposed use supports the
agricultural industry by servicing agricultural equipment.
2) Section 22-2-10.F states, "Land use policies should support a
high-quality rural character which respects the agricultural
heritage and traditional agricultural land uses of the County, as
agricultural lands are converted to other uses (excluding urban
development). Rural character in the County includes those uses
which provide rural lifestyles, rural-based economies and
opportunities to both live and work in rural areas. The natural
landscape and vegetation predominate over the built environment.
Agricultural land uses and development provide the visual
landscapes traditionally found in rural areas and communities."
The proposed use supports rural-based economies.
3) Section 22-2-20.6.2 (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." The proposed use
will be conducted within an enclosed workshop. Since the
applicants will be refurbishing and selling forklifts, the proposed
use is commercial. The impact to the surrounding property
owners is minimal.
4) Section 22-2-20.B.3 (A.Policy 2.3) states, "Encourage the
development of agriculture and agriculturally-related businesses,
and industries in underdeveloped areas, where existing resources
can support a higher level of economic activity. Agricultural
businesses and industries include those related to ranching,
confined animal production, farming, greenhouse industries,
landscape production and agri-tainment or agri-tourism uses."
The proposed use supports the farming and ranching industries,
since forklifts are used primarily in these trades.
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Commercial and industrial uses are
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supported in the A (Agricultural) Zone District, so long as those uses
conform to the requirements under the Use by Special Review process.
c. Section 23-2-230.B.3 -- The permitted uses will be compatible with the
existing surrounding land uses. Nelson Pipeline (USR#1375) is
one-quarter (1/4) mile east of the subject property. Approximately one
and one-half (1-1/2) miles to the northwest is DCP Midstream's Gas
Processing Facility (USR#1588). Directly to the west of the DCP plant is
the Spindle Hill Power Plant, which was annexed to the Town of
Frederick. To the north is Continental Pipeline (SUP #401), which is
permitted for a truck facility and oil tanks. To the south is agricultural
production and rural uses.
d. Section 23-2-230.B.4 -- The permitted uses 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. Weld
County did not receive correspondence from the Town of Firestone or the
City of Fort Lupton, to determine if the proposed use complies with
adopted land use or master plans.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, building
permits issued on the subject site will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
August 1, 2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact
Fee and the Stormwater/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. The subject property resides within the area designated
as Important Farmlands of Weld County, per the United States
Department of Agriculture (U.S.D.A) Soil Conservation Important
Farmlands of Weld County Map, dated 1979. The owner has
consolidated the business and future dwelling on the property to conserve
the outlying portions of the property that are still viable for agricultural
production, and to also provide a land buffer from the adjacent properties.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Jack and Heddy Carry, for a Site Specific
Development Plan and Use by Special Review Permit #1768 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
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(fork lift business) and one (1) Single Family Dwelling per lot, other than those permitted under
Section 23-3-20.A of the Weld County Code (second dwelling unit), 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 USR-1768.
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. 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. County Road 21 is designated on the County Road Classification Plan as
a local gravel road, which requires sixty (60) feet of right-of-way at full
buildout. The applicants shall verify and delineate on the plat the existing
right-of-way and the documents creating the right-of-way. All setbacks
shall be measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained by Weld
County.
F. 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.
2. The applicants shall address the requirements/concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
January 4, 2011. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. The applicants shall provide evidence to the Weld County Department of
Planning Services that all non-commercial junkyard items, located on the
property, are screened from all adjacent properties and public rights-of-way, or
have been removed from the property. These items include equipment
associated with the business.
4. Upon completion of Conditions of Approval #1, #2, #3 and #4 listed 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
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recorded in the office of the Weld County Clerk and Recorder by the Weld
County 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.
5. 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.
6. The Change of Zone plat map shall be submitted to the Weld County Department
of Planning Services for recording within sixty (60) days of approval by the Board
of County Commissioners. With the Change of Zone plat map, the applicants
shall submit a digital file of all drawings associated with the Change of Zone
application. 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.
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 23rd day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO DO
ATTEST:
w ♦ arbara Kirkmeyer, C air
Weld County Clerk to �g 0 %V 1 ///�//^//
ill *ja*t,t / V
•�sr, v"Y ' Sean P. o-Ter
BY: _ . . L��V-asr►I' /
Deputy Clerk to the Bo-
Wil F. Garcia
APPRO ORM:
Z / David E. Long
y Attorney q o mow/
Dou Ito
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Date of signature: j/%///
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JACK AND HEDDY CARY
USR#1768
1. A Site Specific Development Plan and Use by Special Review Permit #1768 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (fork lift business) and one (1) Single Family
Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the Weld
County Code (second dwelling unit), 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 Use by Special Review Permit allows for one (1) additional single-family home to be
located on the property as shown on the plat.
4. The number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
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 applicants 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.
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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 and volatile organic compounds. All chemicals must be stored securely, 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.) Regulations.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
16. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
17. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
18. 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, create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights will be permitted, which may be confused with, or construed
as, traffic control devices.
19. 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.
20. At the time of construction, of the proposed additional buildings on the site, the
applicants are required to obtain an access permit from the Colorado Department of
Transportation (CDOT).
21. The applicant shall add the following note to the final plat: "Weld County is not
responsible for the maintenance of drainage related features."
22. The historical flow patterns and runoff amounts will be maintained, on the site, in such a
manner that 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. 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
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with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
24. 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 Weld County
Department of Planning Services.
25. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
26. 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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