HomeMy WebLinkAbout20102727.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1757 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (CONSTRUCTION COMPANY) IN THE A (AGRICULTURAL) ZONE
DISTRICT- LATIMER AND NANCY BOHLING
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 November, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Latimer and Nancy Bohling, 10501 County Road 25.5, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit#1757 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (construction company) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
Lot B of Recorded Exemption #519; being part of
the SE1/4 of Section 7, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on November 17, 2010, at the request of the applicant, the
matter was continued to December 8, 2010, in order to allow a full quorum of the Board to be
present, and
WHEREAS, at said hearing on December 8, 2010, the applicant was present and
represented by Dawn Thurston, 100 Valle Drive, Fort Lupton, Colorado 80621, 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 23-2-230.3 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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SPECIAL REVIEW PERMIT#1757 - LATIMER AND NANCY BOHLING
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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 landscaped the
northeast portion of the property with trees and bushes.
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 #1757 for a Use Permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (construction company) in the A (Agricultural) Zone District.
Previously, the property was in violation (ZCV09-00013) for the operation
of a construction company, without an approved and recorded Use by
Special Review (USR) permit; however, the violation will now 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 surrounding
properties to the north, south, east, and west are zoned A (Agricultural)
with single-family homes in the area, and east of the site is USR-1591 for
outdoor storage of recreational vehicles and equipment, and USR-1564
for a hay auction. No comments have been received from surrounding
property owners, therefore, given the minimal impact of the proposed
construction company, the use will be compatible with the surrounding
land uses.
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 property is not located within an Intergovernmental
Agreement (IGA) area; however, it is within the three mile referral area for
the City of Fort Lupton and the Town of Platteville. The City of Fort
Lupton, in the referral dated September 8, 2010, indicated no conflicts
with the proposed development. The Town of Platteville did not respond
to the referral request. The surrounding area is agricultural in nature, with
single-family residences and several Use by Special Review (USR)
permits. The Conditions of Approval and Development Standards will
ensure that the use will be compatible with existing surrounding land
uses.
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e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, 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
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 Stormwater/Drainage Impact Fee Programs.
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. This size of the parcel is
38 acres, and the property is currently developed where the proposed
business will be located, therefore, the proposed USR is not taking any
additional Prime (Irrigated) Farmland out of production.
g. Section 23-2-230.6.7 -- 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 Latimer and Nancy Bohling, for a Site Specific
Development Plan and Use by Special Review Permit #1757 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(construction company) 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-1757.
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. These areas shall be designed and used in a
manner which will prevent trash from being scattered by wind or animals.
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E. County Roads 22.5 and 25.5 are designated on the Weld County Road
Classification Plan as local gravel roads, which require 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.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
August 27, 2010. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. 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
(drainage, etcetera) improvements. 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. Alternately, the applicant may
submit evidence that all the work has been completed and reviewed by the
Departments of Planning Services and Public Works.
4. The applicant shall address the Conditions of Approval for, and submit a mylar to
record Recorded Exemption #5050.
5. 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.
6. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, 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 be added for each additional three (3) month period.
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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.
8. 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 8th day of December, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT COLORADO
ATTEST: )4,,e/t-d
s Radem-cher, hair
Weld County Clerk to the Boa( iso
�?*Para Kirkmeye , Pro-Tern
BY\ ILK all
Depu f Clerk tb the Board
Sean P. C,6 ay
AFP 1 D ORM: LfG :
ounty Attorney
David E. Long
Date of signature: I gill
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LATIMER AND NANCY BOHLING
USR-1757
1. A Site Specific Development Plan and Use by Special Review Permit #1757 is 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 (construction company) in the A (Agricultural)
Zone District, and is subject to the Development Standards stated hereon.
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 the people residing on the property.
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 which 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 which 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. 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.
9. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
10. 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.
11. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. This application is proposing a well as its source of water. The applicant shall be made
aware that while they may be able to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
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limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that the groundwater may not meet all drinking water standards, as defined
by the Colorado Department of Public Health and Environment. The applicant is
strongly encouraged to test the drinking water prior to consumption, and periodically
thereafter.
14. Weld County is not responsible for the maintenance of drainage-related features.
15. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Lot B may not be able to obtain
building permits to construct non-agricultural structures. All construction or
improvements occurring in the floodplain, as delineated on Federal Emergency
Management Agency FIRM Community Panel Map #080266 0866C, dated
September 28, 1982, shall comply with the Flood Hazard Overlay District requirements
of Chapter 23, Article V, Division 3, of the Weld County Code, and all applicable FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65.
16. Flood Hazard Development Permits will be required for development activities located
within the FEMA mapped South Platte River Floodplain.
17. The installation of any septic system within the 100-year floodplain shall comply with the
Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed within the floodway.
18. 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.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, of the Weld County Code.
22. 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 constred
as, traffic control devices.
23. 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.
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24. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
25. 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.
26. 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.
27. 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.
28. 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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