HomeMy WebLinkAbout20081382.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1648 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(TREE TRIMMING BUSINESS AND TRUCK PARKING) IN THE A (AGRICULTURAL)
ZONE DISTRICT- RICHARD AND CYNTHIA STALCUP
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
June, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Richard and Cynthia Stalcup, 10475 County Road 19, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit#1648 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (tree trimming business and truck parking) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Two parcels located in part of the SE1/4 of Section 9,
Township 2 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicants were 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 applicants have
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 22-2-150.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 vicinity. The surrounding
properties are primarily agricultural in nature, with a few homes in close
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SPECIAL REVIEW PERMIT#1648 - RICHARD AND CYNTHIA STALCUP
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proximity. There are six (6) parcels within 500 feet of the property.
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." As a Condition of Approval, the applicants will be
required to screen the use from adjacent properties and rights-of-way.
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 Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts(tree trimming
business and truck parking) in the A (Agricultural) Zone District. The
property is currently in violation (ZCV07-01079) due to the storage and
operation of a commercial business and equipment storage without first
obtaining the necessary permits. Approval of this application and
subsequent recording of the plat will correct the violation.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site currently consists of two
parcels. The parcel on the east has a single-family home and pole barn,
and the property on the west is vacant. The surrounding property is
primarily agricultural in nature, with a few homes located in close proximity.
There are six(6)parcels within 500 feet of the property. No comments have
been received from the surrounding property owners. The Conditions of
Approval and Development Standards will ensure compatibility with the
surrounding area.
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 three miles of the Towns of Firestone and
Frederick, and the City of Fort Lupton. The City of Fort Lupton, in the
referral dated February 15, 2008, indicated no concerns. No referrals have
been received from the Towns of Firestone and Frederick.
e. Section 23-2-230.B.5 -- 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.
f. Section 23-2-230.B.6 -- The applicants have demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use.
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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 Richard and Cynthia Stalcup for a Site Specific
Development Plan and Use by Special Review Permit #1648 for a Use Permitted as a Use by
Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts(tree
trimming business and truck parking) 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 applicants shall submit a detailed Sign Plan, if warranted, in compliance
with Chapter 23, Division 2, of the Weld County Code, to the Weld County
Department of Planning Services, for review and approval.
B. Cynthia Stalcup shall sign the original application cover sheet.
C. The applicants shall either request, in writing, that Use by Special Review
(USR) Permit #1120, for an equestrian ranch, be vacated, including the
sign-off from the neighboring property owner(Owen's), or, the neighboring
property owner shall apply for a partial vacation, per Section 23-2-200.G of
the Weld County Code.
D. Section 22-5-100.A of the Weld County Code states, "Oil and gas
exploration and production should occur in a manner which minimizes the
impact to agricultural uses and the environment, and reduces the conflicts
between mineral development and current and future surface uses." The
applicants 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 State requirements, as an attempt to mitigate concerns.
The plat shall be amended to include any possible future drilling sites.
E. The applicants shall attempt to address the comments of the Weld County
Sheriffs Office, as stated in the referral response dated February 22, 2008.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The applicants shall address the comments of the Weld County Department
of Building Inspection, as stated in the referral response dated January 31,
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2008. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
G. The applicants shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated March 6,2008, including, but not limited to,final drainage construction
and erosion control plans. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services. There will be no
requirement for water quality, as outlined by Department of Public Works.
H. The applicants shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as stated in the
referral response dated February 25, 2008. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
The applicants shall attempt to address the requirements and concerns of
the Longmont Soil Conservation District referral, dated March 11, 2008.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
J. The applicants shall submit a property Maintenance Plan to the Department
of Planning Services, for review and approval. The Maintenance Plan shall
be in compliance with Section 23-2-250.B.7 of the Weld County Code.
K. The applicants 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 approval from
the Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
L. In the event the applicants intend to wash vehicles or equipment on the site,
the applicants shall provide evidence that the washing area will be designed
and constructed to capture all effluent and prevent any discharges from the
washing of vehicles or equipment, in accordance with the Rules and
Regulations of the Water Quality Control Commission and the
Environmental Protection Agency. Evidence of approval from the
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
M. The applicants shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency (EPA) for any vehicle maintenance facility located on the site that
is equipped with a floor drain. Alternately, the applicants may provide
evidence, from the EPA, that they are not subject to the EPA Class V
requirements(EPA rule effective April 5, 2000). Evidence of approval from
the Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
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N. The applicants 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 approval from the Department
of Public Health and Environment shall be submitted to the Department of
Planning Services. The plan shall include, at a minimum, the following:
1) A list of 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
(including the facility name, address, and phone number).
O. The applicants shall submit a Landscape and Screening Plan for the site.
The Plan shall include the method of screening the outdoor storage of
vehicles, equipment, or materials from adjacent properties and future
rights-of-way. Specifically, the Department of Planning Services
recommends the applicants screen the derelict vehicles on the site. The
applicants shall maintain compliance with Section 23-2-250.B.7 of the Weld
County Code at all times.
P. The applicants shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements and post adequate collateral for all
required materials. 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.
Q. The applicants shall contact the Town of Firestone to verify the access
permit or any additional requirements that may be needed to obtain or
upgrade a current permit. Evidence of approval shall be submitted to the
Department of Planning Services.
R. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1648.
2) The attached Development Standards.
3) The plat shall delineate any signs in compliance with Chapter 23,
Division 2, of the Weld County Code.
4) County Road 19 is designated on the County Road Classification
Plan as a collector road,which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. A total of 40 feet
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from the centerline of County Road 19 shall be delineated on the
plat. The future and existing right-of-way, including the
documentation creating them, shall be delineated on the plat.
5) The property is limited to one access per legal parcel. Additional
accesses may be approved by the Department of Public Works or
the Board of County Commissioners. The applicants shall
permanently close the southern-most access. Evidence of the
closure shall be submitted to the Department of Planning Services.
6) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the plat and be in accordance with
Section 23-3-250.B.6 of the Weld County Code.
7) The location of the dumpster shall be delineated on the plat. Areas
used for 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 scattered by
wind or animals, as outlined in Section 23-3-250.A.6 of the Weld
County Code.
8) The approved Landscape and Screening Plan.
S. The applicants shall submit two (2) 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 applicants 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 applicants
shall be responsible for paying the recording fee.
3. 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.
4. Prior to operation:
A. The applicants shall provide a written sign-off from the Platteville Fire
Protection District to the Department of Building Inspection.
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5. 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 4th day of June, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
EL WELD COUNTY, COLORADO
ATTEST: AddI M \ L,` r k-- -,-,' isei tV a i fa H. Jerke, Chair
(
Weld County Clerk to the B . rd it;'t,,, i,_ '�\1l'
BY: /! Robe M er�, Pro-Tem
"nom C�,tP/C/
Deputy Clerk o the Board G�
Will' F. Garcia
ia
£
���AP V AST
David L. Long VVVOO
orney EXCUSED
Douglas Rademacher
Date of signature: 7 E0
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD AND CYNTHIA STALCUP
USR#1648
1. A Site Specific Development Plan and Use by Special Review Permit#1648 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone District(tree trimming business and truck parking) in the A(Agricultural)
Zone District and 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. 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.
4. 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.
5. 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.
6. The applicants shall operate in accordance with the approved Waste Handling Plan.
7. This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
8. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
9. Vehicles shall not be parked on the Individual Sewage Disposal System.
10. The facility shall utilize the existing public water supply (Central Weld County Water
District).
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. If applicable, the applicants shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. A building permit shall be obtained prior to the construction of any new building, addition,
or remodel of existing buildings. A building permit is required for change of use of any
existing buildings.
14. A plan review is required for each building for which a building permit is required. Plans
shall bear the west stamp of a Colorado registered architect or engineer. Two complete
sets of plans are required with applying for each permit.
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15. Structures 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, 2005 National Electrical Code, and
Chapter 29 of the Weld County Code.
16. New structures 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.
17. 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 the Weld County Code.
18. 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. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection.
19. The applicant shall provide a letter of approval, to the Department of Building Inspection,
from the Platteville Fire Protection District prior to construction of any structure.
20. If exterior lighting is proposed to be a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.B.6 of the Weld County Code.
21. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicants/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
22. The hours of operation are daylight hours, seven days a week.
23. The site shall not have any employees associated with this use.
24. 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.
25. 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.
26. The landscape and screening on the site shall be maintained in accordance with the
approved Landscaping and Screening Plan.
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27. 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.
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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