HomeMy WebLinkAbout20063272 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1564 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR
ACCESSORY USE IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT
(AUCTION YARD) IN THE A (AGRICULTURAL)ZONE DISTRICT - HARLEY AND
PATRICIA TROYER
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 27th day of
December,2006,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Harley and Patricia Troyer, 10910 Weld County Road 28, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit #1564 for a
Business Permitted as a Use by Right or Accessory Use in the Commercial or Industrial Zone
District (auction yard) in the A (Agricultural) Zone District on the following described real estate,
being more particularly described as follows:
Part of the N1/2SE1/4 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 23-2-230.6.1 --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." The majority of the activity
regarding the proposed use will be located in the south half of the site. Many
of the items sold at the auction are agricultural or farm related. Application
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SPECIAL REVIEW PERMIT#1564 - HARLEY AND PATRICIA TROYER
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materials indicate that the site can supportthe proposed use. Conditions of
Approval and Development Standards ensure that a reasonable attempt will
be made to be compatible with the region.
b. Section 23-2-230.8.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Currently the property is in violation
(VI-0600084)for operating a commercial auction on the property without an
approved and recorded Use by Special Review Permit. Upon approval of the
permit, the violation will be closed. Section 23-3-40.R of the Weld County
Code provides for a Business Permitted as a Use by Right or Accessory Use
in the Commercial or Industrial Zone District (auction yard) in the
A (Agricultural) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties to the
north, south, east, and west are primarily agricultural. U.S. Highway 85
borders the property on the east. The Department of Planning Services has
not received any letters from surrounding property owners.
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 lies within the three-mile referral area for the Town of Platteville and
the City of Fort Lupton. The Department of Planning Services has not
received a referral from the Town of Platteville. The City of Fort Lupton, in a
referral dated June 16,2006, indicated it reviewed the request and found no
conflicts with its interests.
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 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.
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 lot consists of 18 acres, with the majority of the proposed activity
located in the southern portion of the lot.
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
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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 Harley and Patricia Troyer for a Site Specific Development
Plan and Use by Special Review Permit#1564 for a Business Permitted as a Use by Right or
Accessory Use in the Commercial or Industrial Zone District(auction yard) 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 pages of the plat shall be labeled USR-1564.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Roads 25.5 and 22.5 are identified on the Weld County
Road Classification Plan as local gravel roads,which require 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. If the
right-of-way cannot be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created
it, along with any additional right-of-way reservation required.
3) Any approved signs, if applicable.
4) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
5) 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.
6) 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...".
C. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
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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 Use by Special Review plat. The
Improvements Agreement will not be needed if the necessary improvements
are completed to the satisfaction of the Departments of Public Works and
Planning Services.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response dated
July 12, 2006. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection, as stated in the referral response
dated July 31, 2006. Evidence of such shall be submitted, in writing,to the
Weld County Department of Planning Services.
F. 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. Written evidence of approval
shall be submitted to the Weld County Department of Planning Services.
G. The applicant shall provide written documentation to the Weld County
Department of Public Health and Environment that bottled water will be
available for use by employees and patrons whenever the auction site is
being utilized. Written evidence of approval shall be submitted to the Weld
County Department of Planning Services.
H. The applicant shall provide written documentation to the Weld County
Department of Public Health and Environment that an adequate number of
portable toilets and hand washing stations,with soap and paper towels,will
be available for use by employees and patrons whenever the auction site is
being utilized. Written evidence of approval 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 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.
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3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
J. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation, as stated in the referral response dated
June 20, 2006. Evidence of such shall be submitted, in writing,to the Weld
County Department of Planning Services.
K. The applicant shall attempt to contact the Weld County Sheriffs Office
regarding a Security Plan for the site,as stated in the referral response dated
July 27, 2006.
L. 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
mapseco.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 may be added for each additional three (3) month period.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 27th day of December, A.D., 2006.
BOARD OF C NTY COMMISSIONERS
�/�� WELD COU Y, COLORADO
ATTEST: /Ivr ��!/u 41 EIl
Weld County Clerk to the Board s&i ^ __
:cry,.
:,r ,� ,,
D
77,- � r ,D r$8/,/ Long, Pro-Tem
BY: r
Deputy Jerk to the Board '-,� / ° "1-1-1- i
i m H. Jerke
AP OADASTO ‘ \\1t
Robert D.
a U \
ounty Attorney
Glenn Vaad
Date of signature: '(o O 7
2006-3272
PL1865
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HARLEY AND PATRICIA TROYER
USR#1564
1. The Site Specific Development Plan and Use by Special Review Permit#1564 is for a
Business Permitted as a Use by Right or Accessory Use in the Commercial or Industrial
Zone District (auction yard) in the A (Agricultural) Zone District.
2. The auction site shall be limited to the sale of hay, and twice per year, agricultural use
consignment.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
4. The applicant shall apply a dust suppressant chemical (magnesium chloride or calcium
chloride)to Weld County Road 25.5,extending for600 feet south of the intersection of Weld
County Roads 25.5 and 22.5, no less than twice a year,or more often as determined by the
Weld County Department of Public Works, Motor Grader Supervisor.
5. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to runoff rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm runoff. The applicant must take into
consideration stormwater capture/quantity and provide accordingly for Best Management
Practices.
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 manner that
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 manner that 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. 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.
11. 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.
12. Adequate toilet facilities (portable toilets) and hand washing stations shall be provided for
use by employees and patrons whenever the auction site is utilized.
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13. Bottled water shall be available and provided to employees and patrons whenever the
auction site is utilized.
14. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, in accordance with product labeling, and in a manner that
minimizes the release of hazardous air pollutants and volatile organic compounds.
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
17. 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.
18. 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.
19. The Special Use Permit shall not be transferable to any successors in interest to the
prescribed property and shall terminate automatically upon conveyance or lease of the
property to others for operation of the facility.
20. As indicated by the application material, the hours of operation will be limited to forty (40)
hours per month, seven (7) days a week, only during daylight hours.
21. As indicated by the application material, the number of employees shall be limited to ten
(10).
22. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
23. A plan review is required for each building forwhich a building permit is required. Plans shall
bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of
plans are required when applying for each permit. Building plans shall also be submitted to
the Fort Lupton Fire Protection District.
24. Buildings 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:
2003 International Building Code,2003 International Mechanical Code,2003 International
Plumbing Code,2003 International Fuel Gas Code,the 2005 National Electrical Code,and
Chapter 29 of the Weld County Code.
25. Each building 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.
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26. The structure will probably be classified as B(Office) occupancy. 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.
27. Building height shall be measured in accordance with the 2003 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 the
Weld County Code. Building height shall be measured in accordance with the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and
setback requirements 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.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, 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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