HomeMy WebLinkAbout20090505.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1678 FOR 30 CARGO CONTAINERS IN THE A (AGRICULTURAL) ZONE
DISTRICT - WAYNE HARSH
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 4th day of
March, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Wayne Harsh, 22994 County Road 30, Hudson, Colorado 80642, for
a Site Specific Development Plan and Use by Special Review Permit #1678 for 30 Cargo
Containers in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot C of Recorded Exemption #3453; being part of
Section 26, Township 3 North, Range 65 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, 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:
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 22-2.60.J (A.Goal 10) states, "Promote a quality environment
which is free of unsightly materials, including but not limited to, derelict
vehicles, refuse and litter." The applicant is utilizing the cargo containers
for personal storage of vehicles, tools and equipment. The cargo
containers protect and screen these items from the weather, animals, and
vandals.
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.AA of the Weld County
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SPECIAL REVIEW PERMIT #1678 - WAYNE HARSH
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Code allows for more than one cargo container per legal lot or parcel in
the A (Agricultural) Zone District. Currently the property is in violation
(ZCV08-00066), for the presence of multiple cargo containers without an
approved and recorded Use by Special Review permit (USR). If the USR
permit is approved, the violation will be closed. If the USR permit is
denied, this case will proceed accordingly through the Weld County
Attorney's Office.
c. Section 23-2-230.B.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)
and are primarily utilized for single-family homes and agricultural uses.
There are several Use by Special Review (USR) permits in the area,
including: USR-1420 for a single family home; USR-1276 for a Solid
Waste Disposal Site; and USR-1614 for an oil and gas storage facility.
The property is not located with the three-mile referral area for any
municipality, therefore, given the minimal impact of the proposed use (30
cargo containers for personal storage), the use will be compatible with the
surrounding land uses.
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 or within three miles of a municipality. The
surrounding area is agricultural in nature and the Conditions of Approval
and Development Standards will ensure that the use will be compatible
with existing surrounding land uses.
e. Section 23-2-230.6.5 -- The application complies with Chapter 24,
Article V, of the Weld County Code. The existing site is within the
County -Wide Road Impact Fee Program area and the Capital Expansion
Impact Fee Program area; however, it is not in the Stormwater/Drainage
Impact Fee Program area. 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 Program.
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 primarily classified as "Other" land as
delineated on the Important Farmlands of Weld County map, dated 1979.
This size of the USR boundary (8.28 acres) is currently developed and
therefore, is not conducive to agricultural uses.
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SPECIAL REVIEW PERMIT #1678 - WAYNE HARSH
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g.
Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. 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 Wayne Harsh, for a Site Specific Development
Plan and Use by Special Review Permit #1678 for 30 Cargo Containers 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-1678.
B. The attached Development Standards.
C. County Road 47 is a Section line. The applicant shall verify and delineate,
on the plat, the right-of-way and the documents creating the right-of-way.
D. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
E. The applicant shall delineate the drainage/no-build grassy area, to the
east of the containers, by an easement on the plat.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
November 24, 2008. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. 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. Drill envelopes may be delineated on the plat, in accordance
with the State requirements, as an attempt to mitigate concerns. The plat shall
be amended to include any possible future drilling sites.
4. All vehicles located on the property must be operational with current license
plates, or be screened from all adjacent properties and public rights of way, or be
removed from the property. All other items considered to be part of a
noncommercial junkyard must also be removed from the property or screened
from adjacent properties and public rights -of -way. Evidence shall be submitted
to the Weld County Department of Planning Services.
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SPECIAL REVIEW PERMIT #1678 - WAYNE HARSH
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5. Upon completion of Conditions of Approval #1 through #4 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 thirty (30) 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 thirty (30) 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.
7. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. 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.
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SPECIAL REVIEW PERMIT #1678 - WAYNE HARSH
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of March, A.D., 2009.
ATTEST:
Weld County Clerk to t
BY: ti Cc.
Deputy Clerk to the Board
APPROVED AS TQ'FORM:
oalnty Attorney
Date of signature: 3/i 7199
BOARD OF COUNTY COMMISSIONERS
WELDJCQl.1 Y, COLORADO
William F. Garcia, Chair
Ct
uglas "ademach= , Pro-Tem
Sean P. Conway
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Barb rrKirkmey
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David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WAYNE HARSH
USR #1678
1. A Site Specific Development Plan and Use by Special Review Permit #1678 is for 30
Cargo Containers 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. Prior to the Use by Special Review (USR) area being leased, transferred, or sold, the
applicant shall apply, in writing, and receive written approval in the appropriate County
land division process (Recorded Exemption, Subdivision, Planned Unit Development, or
Subdivision Exemption).
4. No employees are permitted.
5. The cargo containers, vehicles, and all equipment shall be utilized for personal use only.
The cargo containers shall not be stacked.
6. A building permit will be required for the placement and relocation of any cargo
container.
7. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
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.
8. 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.
9. 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.
10. 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.
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
12. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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14. 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.
15. 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.
16. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration, development, completion, recompletion, re-entry, production,
and maintenance operations associated with existing or future operations located on
these lands.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
19. 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 need building
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.
20. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application.
21. All building plans shall be submitted to the Platteville/Gilcrest Fire Protection District, for
review and approval, prior to the issuance of Building Permits.
22. 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.
23. 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.
24. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
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25. 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.
26. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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