HomeMy WebLinkAbout20071816.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1607 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(OUTDOOR AND INDOOR STORAGE OF RV'S AND BOATS, INCLUDING A DUMP
STATION, WASH BAY, AIR, WATER, VACUUM, OFFICE, LOUNGE, RETAIL STORE,
PROPANE SALES, AND A 24-HOUR RENTAL KIOSK) IN THE A (AGRICULTURAL)
ZONE DISTRICT - HENRY JOHNSTON, C/O DONALD EYMANN
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 18th day of
July, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Henry Johnston, c/o Donald Eymann, 4015 County Road 13, Dacono, Colorado
80514, for a Site Specific Development Plan and Use by Special Review Permit#1607 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts(outdoor and indoor storage of RV's and boats, including a dump station,
wash bay, air, water, vacuum, office, lounge, retail store, and a 24-hour rental kiosk) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the NW 1/4 of Section 25, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Donald Eymann, 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 23-2-230.6 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 (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
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SPECIAL REVIEW PERMIT#1607 - HENRY JOHNSTON, C/O DONALD EYMANN
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development shall attempt to be compatible with the region." Application
materials indicate that the site can support the proposed use, and the
Conditions of Approval and Development Standards ensure that a
reasonable attempt will be made to be compatible with the region.
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 (outdoor and
indoor storage of RV's and boats, including a dump station, wash-bay, air,
water, vacuum, office, lounge, retail store, propane sales, and a 24-hour
rental kiosk) 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 surrounding property is
predominantly agricultural. The property west of, and adjacent to, the
proposed development is currently permitted under USR-117 for 3,000
turkeys. Other surrounding USR's include: USR-1351 for a junk/salvage
police impound, USR-1445 for storage of construction equipment, and
USR-1341 for gravel mining. The Department of Planning Services has not
received any letters from the surrounding property owners. The Conditions
of Approval and Development Standards will help ensure compatibility with
adjacent properties and the character of the 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 subject property lies within the three-mile referral area of the City of
Dacono, Town of Erie, City and County of Broomfield, City of Northglenn,
and Adams County. The City of Dacono, in its referral dated March 23,
2007,stated that the proposed use represents a substantial traffic generator
2.5 miles from 1-25, and the location of the abandoned railroad right-of-way
would be a logical place to transition to residential, not more industrial. The
proposed development is not located within Dacono's Intergovernmental
Agreement Area (IGA)boundary, and the applicant has met with the City of
Dacono several times to address its concerns. The Town of Erie and the
City and County of Broomfield, in the referrals dated February 8, 2007, and
March 1, 2007, indicated they have reviewed the request and find no
conflicts with their interests. The City of Northglenn and Adams County
have not responded to the referral request.
e. Section 23-2-230.B.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
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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 23-2-230.6.6—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 Farmlands of National
Importance by the 1979 United States Department of Agriculture(U.S.D.A.)
Soil Conservation Services Map. The lot consists of 13 acres and is too
small to be a viable farming operation,as defined by Section 22-2-60.1 of the
Weld County Code.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,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 Henry Johnston, c/o Donald Eymann for a Site Specific
Development Plan and Use by Special Review Permit #1607 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(outdoor and indoor storage of RV's and boats, including a dump station, wash bay, air, water,
vacuum, office, lounge, retail store, propane sales, and a 24-hour rental kiosk) 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-1607.
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 6 is classified by the County as a collector road,which
requires 80 feet of right-of-way at full buildout. The applicant shall
verify the existing right-of-way and the documents creating the
right-of-way. The plat shall delineate the existing right-of-way and
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the documents which created it, along with any additional
right-of-way required.
5) The off-street parking spaces, including the access drive, the alley
ways, the dump station, and wash bay, shall be surfaced with
asphalt, concrete, or the equivalent, and shall be graded to prevent
drainage problems. Each paved parking space shall be equipped
with wheel guards or curb stops, where needed, to prevent vehicles
from extending beyond the boundaries of the space and from
coming into contact with other vehicles, walls, fences, or plantings.
6) This facility shall adhere to the number of on-site parking spaces
indicated in Appendix 23-B of the Weld County Code. The total
number of on-site parking for this facility shall be one hundred
twenty-six(126)spaces, of which one (1) shall be a van-accessible
handicapped parking stall meeting all of the requirements as set
forth in the Americans with Disabilities Act.
7) The applicant shall address and adhere to the American with
Disabilities Act(ADA)and ADA standards for this facility at all times.
Non-ambulatory/ambulatory parking spaces shall be identified and
shown on the plat. This site will be required to meet all ADA
requirements. At least one space must be van accessible, and the
parking spaces must be the closest possible to the entrance.
Signing will be required. Curb cuts, ramps, and other methods of
providing accessibility shall be required to reasonably attempt to
meet the ADA requirements. Should the applicant elect to not
adhere to the previously discussed federal standards, the applicant
shall outline how the proposed site design mitigates the ADA
requirements.
8) The applicant has proposed a six(6)foot by ten (10)foot sign. The
location and diagram shall be noted on the plat.
9) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code. The plat scale shall be enlarged to 1"=40'.
10) 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 that will
prevent trash from being scattered by wind or animals.
11) The applicant shall delineate all on-site lighting. Section 23-3-360.F
of the Weld County Code, addressing the issue of on-site lighting,
including security lighting, if applicable, states "any lighting ... shall
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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...."
12) The stormwater detention pond shall be located outside the existing
and future right-of-way of County Road 6.
13) The applicant shall show the location of all approved fire hydrants,
as approved by the Greater Brighton Fire Protection District.
14) All structures shall be meet the setback and offset requirements of
Sections 23-3-50.6 and 23-3-50.C of the Weld County Code.
15) The plat shall include a chart listing all the types of storage units and
their size.
16) The Lighting Plan shall adhere to the lighting requirements for
off-street parking spaces, per Section 23-4-30.E of the Weld County
Code,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.
B. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required 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 plat. The Improvements Agreement
will not be needed if the necessary improvements are done to the
satisfaction of the Departments of Public Works and Planning Services.
C. The applicant shall attempt to address the requirements and concerns of the
Greater Brighton Fire Protection District, as stated in the referral response
dated March 12, 2007. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
D. The applicant shall attempt to address the requirements and concerns of the
Weld County Paramedic Service, as stated in the referral response dated
March 5, 2007. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. 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 such shall be
submitted to the Weld County Department of Planning Services.
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F. The applicant shall provide a detailed Design and Operation Plan for the
area used for vehicle washing. The washing area shall be designed and
constructed to capture all effluent and prevent any discharges, in
accordance with the Rules and Regulations of the Water Quality Control
Commission and the Environmental Protection Agency. Evidence of such
shall be submitted to the Weld County Department of Planning Services.
G. The applicant shall provide the Weld County Department of Planning
Services with written documentation and diagram(s) illustrating how the
vehicle wash water recycler operates.
H. The applicant shall provide a detailed Design and Operation Plan for the RV
dump station. The dump station shall be designed and constructed to
capture all effluent in a permitted vault with a signal device to indicate when
pumping is necessary, in accordance with the Weld County Individual
Sewage Disposal Regulations, the Uniform Plumbing Code, and the Water
Quality Control Commission. Evidence of such shall be submitted to the
Weld County Department of Planning Services.
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 approval by 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).
J. The applicant shall attempt to address the requirements and concerns of the
Farmers Reservoir and Irrigation Company, as stated in the referral
response dated March 7, 2007. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
K. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated March 23, 2007. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
L. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriffs Office, as stated in the referral response dated
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April 6, 2007. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
M. The applicant 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 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.
3. Prior to Construction:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. Contact the
Water Quality Control Division of the Colorado Department of Public Health
and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more
information.
4. Prior to issuance of the Certificate of Occupancy:
A. Any building plans shall be submitted to the Greater Brighton Fire Protection
District for approval.
B. An individual sewage disposal system is required for the proposed office
and public restroom, and shall be installed according to the Weld County
Individual Sewage Disposal (I.S.D.S.) Regulations.
C. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
5. 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.
6. 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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7. 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 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 18th day of July, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
W. i COUNTY, COLORADO
/ /4 I
ATTEST:
�
�a5i (,' `'`•� avid E. Long, Chair
Weld County Clerk to the -'a 71-c,
BY: ,
V � Mace Jerke o Tem
De Cler o the Boa .
W" F. Garcia
P VEDAS •
bert D. Masden
n Attorney Ciro
Douglas Aademacher
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HENRY JOHNSTON, CIO DONALD EYMANN
USR#1607
1. A Site Specific Development Plan and Use by Special Review Permit#1607 is for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts(outdoor and indoor storage of RV's and boats,including a dump
station, wash-bay, air, water, vacuum, office, lounge, retail store, propane sales, and a
24-hour rental kiosk) in the A (Agricultural) Zone District.
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 applicant shall operate in accordance with the approved Waste Handling Plan.
7. 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.
8. 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.
9. 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.
10. The RV dump station shall capture all effluent in a permitted vault, with a signal device to
indicate when pumping is necessary, in accordance with the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations.
11. Sewage disposal for the office and public restrooms 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 Systems.
12. The facility shall utilize the existing public water supply (Central Weld County Water
District).
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 proposed lots 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 proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
16. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
17. As indicated by the application materials, the hours of operation will be limited to twenty-
four(24) hours a day, seven (7) days a week.
18. The number of employees for the business shall be limited to one (1) person, as stated in
the application.
19. All vehicles located on the property must be operational, with current license plates and
tags.
20. The historical flow patterns and runoff amounts will be maintained on the site in a manner
that will reasonably preserve the natural character of the area and not 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 building permit application must be completed, and two complete sets of plans, including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer, must be submitted for review. A Geotechnical Engineering Report, preformed
by a Colorado registered professional engineer, shall be required.
23. A plan review must be approved, and a permit must be issued, prior to the start of
construction on the site.
24. The new building shall conform to the requirements of the 2003 International Building
Codes, the 2005 National Electrical Code, and Chapter 29 of the Weld County Code.
25. Setback and offset distances shall be determined by the 2003 International Building Codes
and Chapter 23 of the Weld County Code. Offset and setback distances are measured
from the farthest projection from the structure.
26. Any building plans shall be submitted to the Greater Brighton Fire Protection District for
approval.
27. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.6.6 of the Weld County Code.
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28. The applicant may utilize portable toilets on the site for a six-month period from the opening
date of the operation before the site is required to be connected to the public water source.
No structures or the sale of propane shall be allowed on the site until the site is connected
to the public water source.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. 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.
33. 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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