HomeMy WebLinkAbout20070789.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1585 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORYUSE,OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIALZONE DISTRICTS
(VEHICLE SALES ESTABLISHMENT)IN THE A(AGRICULTURAL)ZONE DISTRICT-
UNION PACIFIC RAILROAD COMPANY
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 11th day of
April, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Union Pacific Railroad Company, 1400 Douglas Street, Mail Stop 1690, Omaha,
Nebraska 68179-1690, for a Site Specific Development Plan and Use by Special Review
Permit#1585 for a Use Permitted as a Use by Right,Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts(vehicle sales establishment)in the A(Agricultural)Zone
District on the following described real estate, being more particularly described as follows:
Partofthe E1/2 E1/2 SW1/4 of Section 7,Township 3
North, Range 66 West of the 6th P.M.,Weld County,
Colorado
WHEREAS,said applicant was represented by Darrell Felton, 1105 Weld County Road 28,
Longmont, Colorado 80504, 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 23-2-230.6.1 --The proposed use is consistentwith Chapter22 and
any other applicable Code provisions or ordinance in effect.
1) Section 22-2-150.B.5(I.Policy2.5.b)states,"Ensure the compatibility
with surrounding land use in terms of general use, building height,
scale, density,traffic, dust, and noise." The Conditions of Approval
and Development Standards will ensure the site does not have an
adverse impact on the surrounding properties.
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2) Section 22-2-60.D(A.Goal 4)states, "Conversion of agricultural land
to non-urban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support
such development." The surrounding properties to the north,west,
and east are agricultural in nature,with few homes in close proximity.
The property to the south is currently zoned C-3 (Business
Commercial) and has an approved Site Plan Review#264 for truck
sales,parts,and accessories. The Union Pacific Railroad runs along
the eastern edge of the property. The applicant is proposing an
on-site septic system,and the water will be provided by an individual
well (septic permit SP-9600314, commercial well permit#198105).
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 business permitted as a Use by Right and/or a Use by Special
Review in the Commercial or Industrial Zone Districts (vehicles sales
establishment) in the A(Agricultural)Zone District. The site is currently in
violation(VI-0600029)due to the operation of an auto sales yard without the
necessary permits. This violation was not presented to the Board of County
Commissioners through the violation process. The approval of this
application has corrected 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 surrounding properties to the
north, west, and east are agricultural in nature, with few homes in close
proximity. The property to the south is currently zoned C-3 (Business
Commercial) and has an approved Site Plan Review#264 for truck sales,
parts, and accessories. The Union Pacific Railroad runs along the eastern
edge of the property. The applicant is required to submit a Landscape and
Screening Plan demonstrating how they have mitigated the impact to the
neighboring properties. The Landscape and Screening Plan shall be in
compliance with Section 23-3-250.A.5 of the Weld County Code. No
correspondence from surrounding property owners was received.
d. Section 23-2-230.6.4--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 is within the three-mile referral area for the Towns of Gilcrest,
Milliken, and Platteville. The Town of Gilcrest, in the referral dated
October 30, 2006, states the subject property is located outside its Urban
Growth Boundary and finds no conflicts with its interests. The Town of
Platteville,in the referral dated October 10,2006, also indicated no conflicts
with its interests. The Town of Milliken, in the referral dated October 11,
2006, states the property is a very visible area and should be landscaped
appropriately to buffer visual impacts. The concerns expressed by the Town
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of Milliken have been addressed through the Conditions of Approval and
Development Standards.
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 lot 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.
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 U.S.Department of Agriculture Soils Maps indicate the soils on this
property are designated as "Prime." The small size of the lot limits its
agricultural value, and the property is also located within the railroad
right-of-way.
g. Section 23-2-230.6.7--The Design Standards(Section 23-2-240),Operation
Standards (Section 23-2-250), 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 Union Pacific Railroad Company for a Site Specific
Development Plan and Use by Special Review Permit#1585 fora Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (vehicle
sales establishment) 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 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 approval shall
be provided to the Department of Planning Services.
B. 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 shall be provided 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.
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3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
C. The applicant shall provide the Department of Planning Services with a
property maintenance plan, for review and approval.
D. The applicant shall enter into a Private Improvements Agreement According
to Policy Regarding Collateral for Improvements and post adequate collateral
for all landscaping, transportation (access drive, parking areas, etcetera),
and non-transportation improvements(plant materials,fencing,screening,
water, signage, etcetera). 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. Alternately, the applicant may
submit evidence that all the work has been completed and reviewed by the
Departments of Planning Services and Public Works.
E. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection,as stated in the referral response
dated October 26, 2006. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
F. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation (CDOT), as stated in the referral response
dated October 6, 2006. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
G. The applicant shall attempt to address the requirements and concerns of the
Town of Milliken,as stated in the referral response dated October 11,2006.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
H. The applicant shall attempt to address the requirements and concerns of the
Town of Gilcrest, as stated in the referral response dated October30,2006.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, specifically in regards to the
stormwater drainage, as stated in the referral response dated October 11,
2006. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
J. The applicant shall contact CDOT regarding the existing and future
right-of-way of U.S. Highway 85, and provide written evidence of such to the
Weld County Department of Planning Services.
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K. The applicant shall provide written evidence to the Departments of Public
Works and Planning Services that the access meets the regulations of the
fire department and emergency services.
L. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) All plats shall be labeled USR-1585.
3) The approved Landscape/Screening Plan.
4) The approved Signage Plan.
5) The plat shall be in compliance with Sections 23-3-250 A. and B. of
the Weld County Code.
6) The applicant shall delineate U.S. Highway 85 right-of-way on the
plat, as approved by CDOT. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way.
7) The off-street parking spaces, including the access drive, shall be
surfaced with gravel,asphalt, or the equivalent, and shall be graded
to prevent drainage problems.
8) The public and employee parking area 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, or plantings.
9) Section 23-3-250.A.2 of the Weld County Code addresses parking.
Sufficient screened,off-street,paved parking areas shall be provided
to meet the requirements of employees,company vehicles,visitors,
and customers of the Uses Allowed by Right and Accessory Uses.
Appendix 23-A describes the design requirements for parking
spaces,and Appendix 23-B delineates the number of parking spaces
required by use for this property. The proposed facility has two
offices and a sales yard. The parking requirement for office uses is
one (1) space for every two (2) employees, plus one (1) space per
500 square feet. The area delineated on the drawings submitted is
902 square feet,with written documentation stating there are five(5)
employees on the premises, therefore five (5) parking spaces are
required for the office area. The sales yard would not require any
additional parking areas. The Department of Planning Services is
recommending thata total of eight(8)parking spaces be required for
this facility, of which one (1) must meet the requirements of the
Americans with Disabilities Act (ADA). The plat is currently
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delineating eight(8)spaces and the Department of Planning Services
is in support of the number of spaces shown.
10) Section 23-3-250.A.6 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) Section 23-3-250.B of the Weld Co unty Code addresses the
Operation Standards for Commercial uses. The applicant shall
address the issue of on-site lighting, including security lighting, if
applicable. Section 23-3-250.B.6 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...."
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. 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. 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 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.
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6. One month prior to construction activities:
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 (1) acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment atwww.cdphe.state.co.us/wq/PermitsUnit
for more information.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 11th day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: / /r XCUSED
1861 ^ O � avid E. Long, Chair
Weld County Clerk to the i;oa . h �?
illiam . Jerkel Pro-Tem
Deg Cle to the Boar.
William F. Garcia
AP OV D AS TO F EXCUSED
Robert D. Masden
ougla RademacheN,
Date of signature: 4h3/07
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UNION PACIFIC RAILROAD COMPANY
USR#1585
1. The Site Specific Development Plan and Use by Special Review Permit#1585 is for a Use
Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial
or Industrial Zone Districts (vehicle sales establishments) in the A (Agricultural) Zone
District, as indicated in the application materials on file 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. Hours of operation shall be from 9:00 a.m. to 6:00 p.m., Monday through Saturday, and
closed on Sunday, as requested in the application material.
4. The site shall be limited to no more than five (5) employees, as stated in the application
material.
5. The sign on the site shall be in accordance with the approved Signage Plan,which consists
of one sign, not to exceed one hundred (100) square feet in size, and no banners will be
allowed on the site.
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 mannerthat
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 mannerthat controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
10. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles, in accordance with the Rules and Regulations of the Water Quality
Control Commission and the Environmental Protection Agency.
11. 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.
12. 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.
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
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14. Sewage disposal for the facility shall be by septic system, Permit#SP-9600314. Any septic
system located on the property must comply with all provisions of the Weld County Code
pertaining to Individual Sewage Disposal Systems.
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
Groundwater may not meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. The applicant is strongly encouraged to test
the drinking water prior to consumption, and periodically test it overtime (Commercial Well
#198105).
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. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. Off-street parking, display parking, vehicle overflow area, and the access drive shall be
surfaced with recycled asphalt,gravel,or the equivalent,and shall be a graded and drained
road to provide an all-weather access.
19. 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.
20. 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.
21. The landscaping on the site shall be maintained in accordance with the approved Landscape
and Screening Plan.
22. The property shall be maintained in such a manner that grasses and weeds are not
permitted to grow taller than twelve(12)inches. In no event shall the property owners allow
the growth of noxious weeds.
23. 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.
24. 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 constructed as,
traffic control devices.
25. 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
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maintenance operations associated with existing, or future, operations located on these
lands.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
28. 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.
29. 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.
30. 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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