HomeMy WebLinkAbout20112503.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1795 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICT (CONSTRUCTION AND WELDING BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- MARK AND BRENDA MOSER
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 28th day
of September, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Mark and Brenda Moser, 18722 County Road 46, LaSalle, Colorado
80645, for a Site Specific Development Plan and Use by Special Review Permit#1795 for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone District (construction and welding business) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot A of Amended Recorded Exemption #1619;
being located in part of the NE1/4 of Section 18,
Township 4 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Tim Naylor,
AGPROfessionals, LLC, 4350 State Highway 66, Longmont, Colorado 80504, 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:
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 22-2-20.G.2 (A.Policy 7.2) states, "Conversion of agricultural land
to nonurban 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."
Section 22-2-20.1 (A.Goal 9) states, "Reduce potential conflicts between
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PAGE 2
varying land uses in the conversion of traditional agricultural lands to
other land uses." Section 22-2-20.1.5 (A.Policy 9.5) states, "Applications
for a change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral process."
The Conditions of Approval and Development Standards will ensure
consistency with Chapter 22 of the Weld County Code and will
adequately mitigate impacts to surrounding properties. There are a
number of Conditions of Approval and Development Standards proposed
to address the impacts of this use. The applicant will be required to
maintain the existing screening and lighting on the site. Per Development
Standard #10, the proposed facility will be required to operate under the
Commercial Zone District noise standards (55 decibels from 7:00 a.m.,
until 9:00 p.m., and 50 decibels from 9:00 p.m., to 7:00 a.m.).
b. Section 23-2-230.6.2 -- 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 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 the adoption of any
regulations controlling subdivisions (construction and welding business)
as a Use By Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed use is
located immediately adjacent to agricultural outbuildings to the east and is
located approximately 1/8 of a mile west of two existing single-family
residences. Agricultural land (cropland) is located immediately to the
north and south of the site. This USR is to correct a zoning violation
(ZCV11-00019) for the presence of a commercial business without first
obtaining the necessary Weld County Zoning Permits. The initial
complaint was received from a private citizen. Once the USR plat is
recorded, the violation will be dismissed.
A letter was received from a surrounding property owner approximately
500 feet to the west of the site. The letter expresses concerns regarding
the impact of traffic on road conditions (County Road 46 is a narrow road)
and the potential safety complications with a dangerous sharp turn one-
quarter of a mile to the west of the site. Concerns were also expressed
regarding the impacts of noise and odors associated with the operation.
The site is screened by an existing six-foot opaque fence on the north,
west, and east sides of the site. According to the application materials
(traffic narrative), delivery and pick up at the site will be limited to 10-15
flat bed trucks per week and five semi-trucks per week, along with 15-20
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pickups and cars per day for employees. The application states that
employees are instructed to enter and exit the site from the east from
County Road 39. There are no residences between County Road 39 and
the subject property. Additionally, there are a number of Conditions of
Approval and Development Standards proposed to address the impacts
of this use. The applicant will be required to maintain the existing
screening and lighting on the site. Per Development Standard #10, the
proposed facility will be required to operate under the Commercial Zone
District noise standards (55 decibels from 7:00 a.m., until 9:00 p.m.,
and 50 decibels from 9:00 p.m., to 7:00 a.m.).
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 site is located within the three-mile referral areas of
the City of Evans and Town of LaSalle; however, 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. 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 Weld
County Road Impact Program. Effective April 25, 2011, building permits
issued on the proposed lots, will be required to adhere to the fee structure
of the County Facility Fee and 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 site contains an existing residence and improvements
and is located on a 4.5-acre parcel that is not in farm production.
g. Section 23-2-230.6.7 — There is adequate provision for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and
County. The attached Conditions of Approval and Development
Standards will provide adequate provisions for the protection of 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 Mark and Brenda Moser, for a Site Specific
Development Plan and Use by Special Review Permit #1795 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District
(construction and welding business) 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:
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A. All sheets of the plat shall be labeled USR-1795.
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. County Road 46 is designated on the Weld County Road Classification
Plan as a local gravel road, which requires 60 feet of right-of-way at full
buildout. The applicant 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. These roads are maintained by
Weld County.
F. The existing access points, which shall be labeled with the Access Permit
number (AP11-00175).
G. Label the Water Quality Area as "Water Quality — No Build or Storage
Area".
2. The applicant shall address the requirements/concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
August 18, 2011. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. The applicant shall enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements (Private) 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 plat. As an alternative, the applicant may
submit evidence that all the work has been completed and reviewed by the
Departments of Planning Services and Public Works.
4. To mitigate safety concerns about traffic and dust from the site, the applicant
shall enter into an Improvements and Road Maintenance Agreement with the
County. This agreement shall detail the approved haul route (east to County
Road 39) and require dust mitigation if the County determines it has become a
problem.
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5. 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.
6. 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-month period.
7. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: c—�) ,4,/,(piA aC-- L " i� ti
ye*bara Kirkmeyer, hair
Weld County Clerk to the Board
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Sean P n a o-Tem i"
BY:
Deputy CI k to the Board
M.
1861 0o ('
APPROD AS TO FORM: ' it? 4
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Cofinty Attorney
ougla Rademacl r
Date of signature: /7-/-//
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARK AND BRENDA MOSER
USR #1795
1. A Site Specific Development Plan and Use by Special Review Permit #1795 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District (construction and welding 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 hours of operations shall be limited to 6:00 a.m. —6:00 p.m., Monday - Saturday.
4. All commercial vehicles shall use the approved haul route accessing the site from the
east.
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 the site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
10. There will be no open burning on the property, in compliance with State law.
11. 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.
12. 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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13. 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.
14. Adequate drinking, hand washing, and toilet facilities shall be provided, at all times.
15. 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.
16. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
17. The number of employees shall be commensurate with the number of persons which the
septic system may accommodate, not to exceed thirty-two (32), in accordance with the
requirements of the Weld County Code, pertaining to Individual Sewage Disposal
Systems (I.S.D.S) Regulations.
18. A plan review is required for each building, except for buildings that meet the definition of
Agricultural Exempt buildings. Plans may require the wet stamp of a Colorado
registered architect or engineer.
19. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include: the 2006 International
Residential Code, 2006 International Building Code, 2006 International Mechanical
Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code, 2006
International Energy Conservation Code, 2008 National Electrical Code, and Chapter 29
of the Weld County Code.
20. Each building will require wet stamped engineered drawings and an engineered
foundation based on a site-specific Geotechnical Report or an open hole inspection
performed by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer.
21. Fire resistance of walls and openings, construction requirements, maximum building
height and allowable areas will be reviewed at the plan review. Setback and offset
distances shall be determined by Chapter 23 of the Weld County Code.
22. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building.
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23. The applicant shall provide a letter of notification from the LaSalle Fire Protection District
prior to any new construction.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
25. 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.
26. Effective April 25, 2011, building permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
29. 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.
30. The existing screening on the site shall be maintained.
31. 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 12
inches until the area is completely developed.
32. 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.
33. 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.
34. Weld County is not responsible for the maintenance of on-site drainage related features.
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35. 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.
36. 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.
37. 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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