HomeMy WebLinkAbout20071522.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1591 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(OUTDOOR STORAGE FOR TRUCKS, TRAILERS, RECREATIONAL VEHICLES,
BOATS, AND EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - GIB
SMITH
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 20th day of
June, 2007,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Gib Smith, P.O. Box 10, Commerce City, Colorado 80037, for a Site Specific
Development Plan and Use by Special Review Permit#1591 fora Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts(outdoor
storage for trucks,trailers,recreational vehicles,boats,and equipment)in the A(Agricultural)Zone
District, on the following described real estate, being more particularly described as follows:
Part of the E1/2 of the NE1/4 of Section 7,
Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said 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
(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." Application materials indicate the
site can support the proposed use. The Conditions of Approval and
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SPECIAL REVIEW PERMIT#1591 - GIB SMITH
PAGE 2
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 fora Site Specific Development Plan and 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 storage for
trucks, trailers, recreational vehicles, boats, and equipment) in the
A (Agricultural) Zone District. Currently, the property is in violation
(VI-0600412)for the presence of multiple pieces of commercial equipment
and vehicles without an approved and recorded Use by Special Review
permit(USR). 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 adjacent property to the north
has a Use by Special Review Permit (USR-911) for tractor and farm
implement sales. The property to the south was approved by the Board of
County Commissioners on December 27,2006,fora Use by Special Review
Permit (USR-1564) for an auction yard. U.S. Highway 85 borders the
property on the east. The property to the west is primarily agricultural with
a few residences. The Conditions of Approval and Development Standards
will 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 Town of Platteville and
the City of Fort Lupton. The Town of Platteville, in its referral dated
December 13,2006,stated if the commercial/industrial oriented use is to be
granted,the applicant should not be allowed to build a house on the property.
However, Section 23-3-20.A of the Weld County Code allows for one (1)
single-family dwelling unit and auxiliary quarters per legal lot. The City of Fort
Lupton,in its referral dated December4,2006,indicated it has reviewed the
request and finds no conflicts with its interests.
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
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.
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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 designated "Prime Irrigated Farmlands of National
Importance" by the 1979 U.S. Department of Agriculture (U.S.D.A.) Soil
Conservation Services Map. The lot consists of 35 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),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 Gib Smith for a Site Specific Development Plan and Use
by Special Review Permit#1591 for a Use Permitted as a Use by Right,Accessory Use,or Use by
Special Review in the Commercial or Industrial Zone Districts(outdoor storage for trucks,trailers,
recreational vehicles,boats,and equipment)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. All sheets of the plat shall be labeled USR-1591.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) 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 shall be removed from County Road right-of-way.
3) County Roads 22.5 and 25.5 are classified by the County as local
gravel roads, which require sixty (60) 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 the documents which created it,along with
any additional right-of-way required.
4) U.S. Highway 85 requires 200 feet of right-of-way at full buildout.
There is presently 60 feet of right-of-way. A total of 40 feet from the
centerline of U.S. Highway 85 shall be delineated as future
right-of-way for the expansion of U.S. Highway 85. 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 the
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documents which created it, along with any additional right-of-way
required.
5) The off-street parking spaces, including the access drive, shall be
surfaced with asphalt, concrete, or the equivalent, and shall be
graded to prevent drainage problems. Each parking space shall be
designated on the plat.
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 fifty-one (51)
spaces, of which two (2) shall be van-accessible, handicapped
parking stalls meeting all of the requirements as set forth in the
Americans with Disabilities Act, and shall be shown on the plat.
7) The applicant shall address and adhere to the American with
Disabilities Act (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 two spaces must be van accessible. 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 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) Any approved signs, if applicable.
9) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
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 addresses the issue of on-site lighting,
including security lighting, if applicable, and 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. . .".
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C. The applicant shall address the requirements and concerns as stated in the
Weld County Department of Planning Services Landscape referral, dated
December 4, 2006. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. 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.
E. The applicant shall attempt to address the requirements and concerns of the
Town of Platteville, as stated in the referral response dated December 15,
2006. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The applicant shall attempt to address the requirements and concerns of the
Weld County Paramedic Service, as stated in the referral response dated
November 27, 2006. Evidence of such shall be submitted, in writing,to the
Weld County Department of Planning Services.
G. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection in regards to the Change of Use
Permit, as stated in the referral response dated December 13, 2006.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
H. 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.
An Individual Sewage Disposal System is required for the metal shop
building and shall be installed according to the Weld County Individual
Sewage Disposal System(I.S.D.S.)Regulations. Evidence of such shall be
submitted to the Weld County Department of Planning Services.
J. The applicant shall complete and submit the appropriate zoning and building
permit applications and pay the appropriate fees for the cargo container to
the Weld County Department of Planning Services.
K. 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
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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 of
(including the facility name, address, and phone number).
L. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. 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(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.
3. Prior to issuance of the Certificate of Occupancy:
A. Any building plans shall be submitted to the Platteville/Gilcrest Fire Protection
District for approval.
B. The septic system is required to be designed by a Colorado registered
professional engineer,according to the Weld County I.S.D.S. Regulations.
4. 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.
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.
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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.
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 20th day of June, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
I /- /� Wr TY7O96O O
` j`` 6\
ATTEST: i
1 1t ,,�= — =r avid E. Long, Chair
Weld County Clerk to the oa
Wil ' m e Pr em
BY.A. � r t I !:;°l�_
D ttyCl ktotheBoa t
William F. arcia
VEDAS TO •
VEXCUSED
Robert D. Masden
C.ty Attorney rtict-ste"
uglas ademacher
Date of signature: 71d-k 7
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PL1900
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GIB SMITH
USR#1591
1. A Site Specific Development Plan and Use by Special Review Permit#1591 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 storage for trucks,trailers,recreational vehicles,boats,
and equipment) 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. Adequate hand washing and toilet facilities shall be provided foremployees and patrons of
the facility.
10. Sewage disposal for the metal shop building shall be by septic system. Any septic system
located on the property must com ply with all provisions of the Weld County Code pertaining
to Individual Sewage Disposal Systems.
11. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
12. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
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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 on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
17. As indicated by the application material,the hours of operation will be limited from 6:00 a.m.
to 6:30 p.m., Monday through Saturday. The hours of operation may be extended with
specific permission from the Weld County Board of County Commissioners. This restriction
shall not apply to the operation of administrative and executive offices, or to the repair and
maintenance facilities located on the property.
18. The number of employees for the business shall be limited to five(5)persons,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 such a
manner that will it 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, performed by
a Colorado registered 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 Platteville/Gilcrest Fire Protection District for
approval.
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27. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.6.6 of the Weld County Code.
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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