HomeMy WebLinkAbout20101259.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1722 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (LONG TERM STORAGE UNITS) ALONG WITH ONE (1) SINGLE-
FAMILY DWELLING UNIT WHEN USED AS LIVING QUARTERS FOR THE
PROPRIETOR, EMPLOYEES, CARETAKERS, OR SECURITY PERSONNEL
RESPONSIBLE FOR OPERATING, MAINTAINING, OR GUARDING THE PROPERTY,
WHERE SUCH DWELLING UNIT IS ENCLOSED WITHIN THE PRINCIPLE BUILDING
(STICK-BUILT OFFICE/MANAGERS APARTMENT) IN THE A (AGRICULTURAL)
ZONE DISTRICT- DANIAL OCHSNER
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 June, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Danial Ochsner, 18905 County Road 394, La Salle, Colorado 80645,
for a Site Specific Development Plan and Use by Special Review Permit#1722 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (long term storage units) along with one (1) single-family dwelling unit
when used as living quarters for the proprietor, employees, caretakers, or security personnel
responsible for operating, maintaining, or guarding the property, where such dwelling unit is
enclosed within the principle building (stick-built office/managers apartment) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the W1/2SW1/4 of Section 2, Township 3
North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, the applicant was present at said hearing, 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 22-2-20.G (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 22-2-100.E (C.Goal 5) states, "Minimize the incompatibilities that
occur between commercial uses and surrounding properties." The
Conditions of Approval and Development Standards require a
Landscaping and Screening Plan and a Lighting Plan to ensure
compliance with the policies of the Weld County Comprehensive Plan.
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 provides 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
(long term storage units) along with one (1) single-family dwelling unit
when used as living quarters for the proprietor, employees, caretakers, or
security personnel responsible for operating, maintaining, or guarding the
property, where such dwelling unit is enclosed within the principle building
(stick-built office/managers apartment) in the A (Agricultural) Zone
District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
approximately 200 feet to the south of an existing single-family residence,
and approximately 300 feet north of a single-family residence, along with
outdoor storage. The Department of Planning Services has received one
letter from a surrounding property owner located immediately to the north
of this site expressing concerns regarding whether this use is compatible
with the adjacent properties, how will the units be secured/controlled
(types of uses allowed), and adequate demand for this use. The
Conditions of Approval and Development Standards will ensure
compatibility with adjacent properties and the character of the area.
A Landscape and Screening plan, along with a Lighting Plan, are required
to address the visual impacts of this use and to ensure compatibility with
the existing surrounding land uses. The Landscape and Screening Plan
shall, at a minimum, address screening/buffering of the site from the
property to the north and from the adjacent Interstate 25 Frontage Road.
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 site is located within the three-mile referral area for
the Towns of Berthoud and Mead. This site is also located adjacent to
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the municipal limits of the Town of Mead to the south and to the east.
The Town of Berthoud indicated no conflicts with its interests in the
referral response received October 27, 2009. The Town of Mead, in the
referral response dated October 21, 2009, indicated that the property is
located in the Town of Mead's Planning Area and has future land use
designation of Planned Industrial Mixed Use. The Town of Mead also
indicated the property is located in the Mead Highway Design Overlay
District. The Development Standards outlined in this district include a
minimum building setback of 50 feet from the frontage road. Additional
standards which apply are 1-25 frontage road landscaping requirements
and architectural and building articulation standards. The Town of Mead
requested additional information on the site plan to evaluate the plan for
conformance/non-conformance with the Town of Mead's Development
Standards, and recommended that USR-1722 be denied and the
applicant be referred to the Town of Mead to pursue annexation.
Developments within the boundaries of urban growth boundaries are
subject to the following criteria outlined in Section 22-2-40.E of the Weld
County Code:
1) UD.Policy 5.1. The County should consider approving an urban
development proposal if all of the following criteria are met:
• The adjacent municipality does not consent to annex the land or
property in a timely manner, or annexation is not legally possible.
• The proposed development, including public facility and service
provision, is consistent with other urban-type uses and conforms
to County regulations.
• The proposed urban development attempts to be compatible with
the adjacent municipality's comprehensive plan (though it may not
necessarily conform to it).
A portion of the site is located within the Urban Growth Boundary for the
Town of Mead; however, less than 50 percent of the site is located within
the Town of Mead Urban Growth Boundary and, therefore, is not subject
to the provisions of Section 22-2-40.E of the Weld County Code.
A Landscape and Screening plan, along with a Lighting Plan, are required
to address the visual impacts of this use and to ensure compatibility with
the 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 site does not lie within any
Overlay Districts. 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 the
Stormwater/Drainage Impact Fee Programs.
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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 designated "Prime (Irrigated)" by the
1979 USDA Soil Conservation Services map. The parcel consists of
thirteen (13) acres.
g. Section 23-2-230.8.7 -- 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
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 Daniel Ochsner, for a Site Specific Development
Plan and Use by Special Review Permit #1722 for a Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (long
term storage units) along with one (1) single-family dwelling unit when used as living quarters
for the proprietor, employees, caretakers, or security personnel responsible for operating,
maintaining, or guarding the property, where such dwelling unit is enclosed within the principle
building (stick-built office/managers apartment) in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1722.
2) The attached Development Standards.
3) The approved Landscape/Screening Plan. The applicant shall
delineate a plant list to coincide with the Landscape Plan. The list
shall include how the plants will be maintained and irrigated. All
landscaping, except for the native grasses, shall be removed from
County road right-of-way and future right-of-way.
4) County Road 36 is a local gravel road and requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. Pursuant to the definition of setback in the Weld
County Code (Section 23-1-90), the required setback is measured
from the future right-of-way line. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way
and shall indicate this information on the plat. If the right-of-way
cannot be verified, it shall be dedicated.
5) The access from the 1-25 frontage road must be paved for a
distance of 100 feet into the site. The applicant shall identify the
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surface for the rest of the site (pavement, recycled asphalt, gravel,
etcetera). The applicant shall verify the existing right-of-way and
the documents creating the right-of-way and shall indicate this
information on the plat.
6) This facility shall adhere to the number of on-site parking spaces
indicated in Appendix 23-B of the Weld County Code.
7) Each customer parking space shall be equipped with wheel
guards or curb blocks, when necessary, to prevent vehicles from
extending beyond the boundary of the space and from coming into
contact with other vehicles, walls, fences, or plantings.
8) The applicant shall address and adhere to the American with
Disabilities Act (ADA) and ADA standards for this facility.
Non-ambulatory/ambulatory parking spaces for the office shall be
identified and shown on the plat. This site will be required to meet
all requirements of the Americans with Disabilities Act. At least
one space must be van accessible.
9) The approved Lighting Plan. Section 23-3-360.F of the Weld
County Code, addresses the issue of on-site lighting, including
security lighting, if applicable, and states, "any lighting ... shall be
designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that
beams or rays of light will not shine directly onto adjacent
properties...".
10) The approved sign dimensions shall be indicated on the plat.
11) 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 which will prevent trash from being scattered by wind or
animals.
12) All structures shall be meet the setback and offset requirements of
Sections 23-3-50.B and 23-3-50.C of the Weld County Code.
B. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for all required improvements (screening, landscaping, access,
drainage, waterline improvements for fire flow/irrigation). 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
agreement will not be needed if the necessary improvements are done to
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the satisfaction of the Departments of Public Works and Planning
Services.
C. The applicant shall submit a Landscape and Screening Plan, for review
and approval, to the Department of Planning Services. The plan shall
address screening from all sides of the property, and shall also address
how the plants will be irrigated.
D. The applicant shall address the preliminary drainage report requirements
of the Department of Public Works, as stated in the referral dated
March 8, 2010. Evidence of approval shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant shall attempt to address the requirements and concerns of
the Town of Mead, as stated in the referral response dated October 21,
2010. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The applicant shall attempt to address the requirements of the Mountain
View Fire Protection District, as stated in the referral response received
May 19, 2010. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
G. The applicant shall submit a Dust Abatement Plan, for review and
approval, to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. Evidence of
Department of Public Health and Environment approval shall be
submitted to the Weld County Department of Planning Services.
H. In the event the applicant intends to utilize the existing septic system for
the business use, the septic system shall be reviewed by a Colorado
registered professional engineer. The review shall consist of observation
of the system and a technical review describing the system's ability to
handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current regulations. Evidence of Department of Public
Health and Environment approval shall be submitted to the Department of
Planning Services.
Alternately to Condition of Approval #1.H above, the applicant shall install
an Individual Sewage Disposal System (I.S.D.S.) for the business use
and the system shall be installed according to Weld County I.S.D.S.
Regulations. The septic system is required to be designed by a Colorado
registered professional engineer, according to the Weld County I.S.D.S.
Regulations. Evidence of Department of Public Health and Environment
approval shall be submitted to the Department of Planning Services.
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J. 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. Evidence of Department of Public
Health and Environment approval shall be submitted to the Department of
Planning Services. The plan shall include, at a minimum, the following:
1) A list of the wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
K. All derelict vehicles and miscellaneous debris shall either be screened
from adjacent properties and rights-of-way, or shall be removed from the
property.
L. The applicant shall submit a Lighting Plan, for review and approval, to the
Department of Planning Services. The Lighting Plan shall adhere to the
lighting requirements for off-street parking spaces, in accordance with
Section 23-4-30.E, and shall adhere to the lighting standards, in
accordance with Sections 23-3-360.F and 23-2-250.D of the Weld County
Code. Furthermore, the approved Lighting Plan shall be delineated on
the plat.
M. The applicant shall provide the Weld County Department of Planning
Services with a copy of the access permit issued by the Colorado
Department of Transportation (CDOT), or written evidence that the
applicant has complied with the requirements of CDOT.
N. The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 above, 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.
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3. 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.
4. 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.
5. 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 may be added for each additional three (3) month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of June, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
a ELD COUNTY, COLORADO
ATTEST: Siv✓`f2
c�i1 ,i1 Rade acher Chair
Weld County Clerk to the Board ;1861 ('
b-.t Kirkmeye , Pro-Te�
Dept Clerk t he Board V ! `
can P. '.n -y
,P1Sr9D AST M:
liam Ga ciia
County Attorney Wk '4
David E. Long
Date of signature: 1 ('([(0
2010-1259
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DANIAL OCHSNER
USR-1722
1. A Site Specific Development Plan and Use by Special Review Permit#1722 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (long term storage units) along with one (1)
single-family dwelling unit when used as living quarters for the proprietor, employees,
caretakers, or security personnel responsible for operating, maintaining, or guarding the
property, where such dwelling unit is enclosed within the principle building (stick-built
office/managers apartment) 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. Ten (10) employees (including an on-site manager) shall be allowed on the site.
4. Hours of operation shall be from 7:00 a.m., to 8:00 p.m., Monday through Sunday.
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 which 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 which 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 25-12-103, C.R.S.
11. Any vehicle washing area(s) 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. Sewage disposal 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 System (I.S.D.S.) Regulations.
13. The facility shall utilize the existing public water supply (Little Thompson Water District).
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and Weld County Code.
16. 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.
17. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
18. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
19. All vehicles located on the property must be operational, with current license plates and
tags.
20. The historical flow patterns and runoff amounts shall 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.
21. 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.
22. A separate building permit shall be obtained prior to the construction of any building.
23. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan. Commercial building plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. Residential building plans may be required to bear the
wet stamp of a Colorado registered architect or engineer.
24. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code,
2006 International Energy Conservation Code, and Chapter 29 of the Weld County
Code.
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25. Each building will require 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.
26. A letter of approval shall be provided from the Mountain View Fire Protection District,
prior to the construction of any structure.
27. On-site lighting, including security lighting, shall maintain compliance with
Section 23-3-250.D of the Weld County Code:
A. 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; and
B. Neither direct nor reflected light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets and no colored lights
may be used which may be confused with, or construed as, traffic control
devices.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. 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.
31. 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.
32. 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.
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