HomeMy WebLinkAbout20101246.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1737 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR
ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (STORAGE OF
COMMERCIAL EQUIPMENT AND VEHICLES, FABRICATION, AUTO STORAGE
AND REPAIR) AND AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING:
FARM EQUIPMENT SALES, REPAIR AND INSTALLATION FACILITIES, AND ONE
(1) SINGLE FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE, IN THE
A (AGRICULTURAL)ZONE DISTRICT-TROY AND JUDY HEFNER
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 Troy and Judy Hefner, 370 County Road 16.5, Longmont, Colorado
80504, for a Site Specific Development Plan and Use by Special Review Permit#1737 for a
Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(storage of commercial equipment and vehicles, fabrication, auto storage and repair) and
Agricultural Service Establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including: farm equipment sales,
repair and installation facilities, and one (1) single family dwelling unit per lot other than those
permitted under Section 23-3-20.A of the Weld County Code, in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Part of the E1/2 W1/2 SE1/4 SW1/4 of Section 23,
Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicants were present, 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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SPECIAL REVIEW PERMIT#1737 —TROY AND JUDY HEFNER
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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." The
Conditions of Approval and Development Standards will ensure that the
proposed use will be compatible with the area. The surrounding property
is primarily residential 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." Condition of Approval #4 requires the applicant to screen the
outdoor storage and parking areas from surrounding properties and public
rights-of-way.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.B.4, 23-3-40.R, and
23-3-40.L of the Weld County Code allow for A Site Specific Development
Plan and Use by Special Review Permit for a Business permitted as a
Use by Right or Accessory Use in the Commercial Zone District (storage
of commercial equipment and vehicles, fabrication, auto storage and
repair) and Agricultural Service Establishments primarily engaged in
performing agricultural, animal husbandry or horticultural services on a
fee or contract basis, including: farm equipment sales, repair and
installation facilities, and one (1) single family dwelling unit per lot other
than those permitted under Section 23-3-20.A of the Weld County Code,
in the A (Agricultural) Zone District. Currently, the property is in violation
(ZCV09-00114) for the operation of a commercial business and
commercial storage without an approved and recorded Use by Special
Review (USR) permit; however, this approval will close the violation case.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property to the
west is within Althen Boyer Subdivision, zoned C-3 (Business
Commercial), and currently houses several commercial operations. The
property to the north, south, and east is within the City and County of
Broomfield. The property is located within the three-mile referral area for
the Cities of Dacono and Northglenn, the Towns of Frederick and Erie,
Adams County, and the City and County of Broomfield. The Town of
Erie, in the referral dated February 8, 2010, indicated no conflicts with its
interests. The Weld County Department of Planning Services has not
received referral responses from the Cities of Dacono and Northglenn,
the Town of Frederick, Adams County, or the City and County of
Broomfield. The Conditions of Approval and Development Standards will
ensure that the use will be compatible with existing land uses
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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 property is not located within an Intergovernmental
Agreement (IGA) area; however, it does lie within the three-mile referral
area for the Cities of Dacono and Northglenn, the Towns of Frederick and
Erie, Adams County, and the City and County of Broomfield. The Town
of Erie, in the referral dated February 8, 2010, indicated no conflicts with
its interests. The Weld County Department of Planning Services has not
received referral responses from the Cities of Dacono and Northglenn,
the Town of Frederick, Adams County, or the City and County of
Broomfield. The property to the west is within Althen Boyer Subdivision
and is zoned C-3 (Business Commercial). The property to the north,
south, and east is within the City and County of Broomfield, which did not
respond to the referral request. The Conditions of Approval and
Development Standards will ensure that the use will be compatible with
existing land uses.
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, Capital Expansion Impact Fee, and
Stormwater/Drainage Impact Fee areas. 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.
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
8.75 acres and it is currently developed as a residential property,
therefore it is not conducive to farming.
g. Section 23-2-230.B.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 will
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Troy and Judy Hefner, for a Site Specific
Development Plan and Use by Special Review Permit#1737 for a Business Permitted as a Use
by Right or Accessory Use in the Commercial Zone District (storage of commercial equipment
and vehicles, fabrication, auto storage and repair) and Agricultural Service Establishments
primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee
or contract basis, including: farm equipment sales, repair and installation facilities, and one (1)
single family dwelling unit per lot other than those permitted under Section 23-3-20.A of the
Weld County Code, 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-1737.
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 size of the water quality feature on the
plat.
E. The applicant shall identify the size of the recycled asphalt tracking apron
on the plat.
F. The applicant shall show detail of the proposed sign on the plat. The sign
shall adhere to Chapter 23, Article IV, Division 2, of the Weld County
Code.
G. The approved Screening Plan.
H. Parking areas and the access drive shall be surfaced with gravel,
recycled asphalt, or the equivalent, and shall be graded to prevent
drainage problems.
Areas used for storage or trash collection shall be screened from all
adjacent properties and public rights-of-way. These areas shall be
designed and used in a manner that will prevent trash from being scatted
by wind or animals.
J. The Department of Planning Services has determined from the
application materials that eighteen (18) parking spaces, and one (1) ADA
parking space will be required on the site. Each parking space shall be
equipped with wheel guards, where needed, to prevent vehicles from
extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, sidewalks, or plantings.
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K. The applicant shall verify with the City and County of Broomfield
regarding the existing right-of-way and the documents creating the
right-of-way for County Road 6.
L. The applicant shall delineate any on-site lighting on the plat. The lighting
shall be down-casted and shielded.
M. The plat shall show all recorded easements, specifically the high pressure
gas line.
2. In the event the applicant intends to utilize the existing septic system at either of
the existing homes for employee, patron, or visitor use, the septic system(s) 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 approval shall be submitted to
the Weld County Department of Planning Services.
3. The applicant shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
February 16, 2010. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
4. The applicant shall submit a Screening Plan, for review and approval, to the
Weld County Department of Planning Services. The screening plan shall screen
all outdoor storage and parking areas from adjacent rights-of-way and
surrounding properties.
5. 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
(fencing, screening, 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. The applicant may
submit evidence that all the work has been completed and reviewed by the
Departments of Planning Services and Public Works.
6. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators, stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or, show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. The plat shall be amended to include any possible future
drilling sites and/or setbacks.
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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 #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 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.
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.
11. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the 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.
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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.
:OARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
ATTEST:
o Radema her, Ch-ir
Weld County Clerk to the Boa`O ficie ,
• � U1 :arbara Kirkmeyer, ro-Tem
BY. �. i L
Dep �1 Clerk o the Board �
Sean P. C y
APPR D AS TO •
Wi m . Garcia
u y torney
David E. Long
Date of signature: 1 I't 110
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TROY AND JUDY HEFNER
USR-1737
1. A Site Specific Development Plan and Use by Special Review Permit #1737 is for a
Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(storage of commercial equipment and vehicles, fabrication, auto storage and repair)
and Agricultural Service Establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including: farm
equipment sales, repair and installation facilities, and one (1) single family dwelling unit
per lot other than those permitted under Section 23-3-20.A of the Weld County Code, 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. Eight (8) is the maximum number of employees for all commercial activities on the site.
4. 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.
5. Any vehicle 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
11. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
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12. 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 System (I.S.D.S.) Regulations.
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees,
patrons, and visitors of the facility, at all times.
14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the Central Weld County Water District.
15. All potentially hazardous chemicals must be stored and handled in a safe manner, in
accordance with product labeling, and in a manner which minimizes the release of
hazardous air pollutants and volatile organic compounds.
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
17. 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.
18. 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.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
21. 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.
22. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
23. Weld County is not responsible for the maintenance of drainage related features.
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. Building permits shall be obtained prior to the construction of any building. Buildings
which meet the definition of an Agricultural Exempt Building, per the requirements of
Sections 29-1-20 and 29-3-20.B.13 of the Weld County Code, do not require building
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permits; however, a Certificate of Compliance must be filed with the Department of
Planning Services, and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
26. 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 Residential Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code,
2006 International Energy Code, 2003 ICC ANSI 117.1 Accessibility Code, 2008
National Electrical Code, and Chapter 29 of the Weld County Code.
27. All building plans shall be submitted to the Mountain View Fire Protection District, for
review and approval, prior to the issuance of Building Permits.
28. 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.
29. 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, shall be maintained at a maximum height of 12 inches
until the area is completely developed.
30. 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.
31. 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.
32. 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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