HomeMy WebLinkAbout20010503 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1312 FOR AN OUTDOOR STORAGE FACILITY FOR RECREATIONAL
VEHICLES AND BOATS (PHASE I) AND ENCLOSED STORAGE UNITS (PHASE II)
IN THE A(AGRICULTURAL) ZONE DISTRICT - LESLIE ADAMS/MARY TROSTEL
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 28th day
of March, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Leslie Adams, 41 Weld County Road 11, Erie, Colorado 80516, and
Mary Trostel, 4715 County Road 2, Brighton, Colorado 80601, for a Site Specific Development
Plan and Use by Special Review Permit#1312 for an Outdoor Storage Facility for Recreational
Vehicles and Boats (Phase I) and Enclosed Storage Units (Phase II) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Lot A of Recorded Exemption #1507; being part of
the SE1/4 of Section 35, Township 1 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue said matter to
April 18, 2001, at 10:00 a.m. to allow additional time to public a corrected notice, and
WHEREAS, at said hearing on April 18, 2001, said applicant was present, 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 recommendations 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 ordinances in effect. Section
22-2-60.B.1 allows for commercial and industrial uses to locate in the A
(Agricultural) Zone District when the impact to surrounding properties is
minimal, and where adequate services and infrastructure are available.
The Development Standards, Conditions of Approval, and Operations
LAG d57 Land, LLG> P2 7-P,, //Z. /ft A, p) 2001-0503 PL1478
USE BY SPECIAL REVIEW PERMIT#1312 - LESLIE ADAMS/MARY TROSTEL
PAGE 2
Standards will effectively mitigate any adverse impacts to surrounding
areas, and the property is currently being served by the Mountain View
Water Users District and an Individual Sewage Disposal System
(I.S.D.S.). Section 22-2-60.A.1 also encourages the preservation of
prime farmland for agricultural purposes. The property is designated as
prime and other lands on the U.S.D.A. Soils Map. No prime farm ground
will be taken out of production, due to the current small size of the parcel.
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 use permitted as a Use by Right, an Accessory Use
or a Use by Special Review in the Commercial or Industrial Zone Districts
as a Use by Special Review in the A (Agricultural) Zone District. Certain
Commercial Zone Districts allow for limited storage, as long as the
storage is screened or enclosed within a building. The Industrial Zone
District, in particular the 1-3 Zone District, allows for outside storage.
Screening is addressed for both zone districts through the Performance
Standards during a Site Plan Review. The Department of Planning
Services is responsible for determining the amount of screening or
landscaping based on compatibility issues.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
land uses include Agricultural uses to the north, east and west and a
subdivision under construction to the south. The City of Broomfield
surrounds the property on the north, east and west and to the south is
Adams County. There is a proposal within the City of Broomfield for a
zone change on a majority of the surrounding property.
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 cities of Broomfield, Northglenn and
Thornton are all within 500 feet of the proposal. Broomfield's primary
concern was the outside storage of recreational vehicles and boats. The
City is not opposed to the long-term use of the property with enclosed
storage units. Thornton did not return its referral and Northglenn found
no conflicts with its interests; however, it did recommend an additional
right-of-way dedication on Weld County Road 2. The Conditions of
Approval and Development Standards address the concerns of the Cities
of Broomfield and Northglenn.
e. Section 23-2-230.B.5 --The application complies with Section 23-5 of the
Weld County Code. Effective December 1, 1999, Building Permits issued
on the lot will be required to adhere to the fee structure of the Southwest
2001-0503
PL1478
USE BY SPECIAL REVIEW PERMIT#1312 - LESLIE ADAMS/MARY TROSTEL
PAGE 3
Weld Road Impact Program Area 3. The property is also located in a
Geologic Hazard Area and will be required to submit, and have approved,
a Geological Hazard Permit prior to construction on the property. These
issues will be addressed through Conditions of Approval and
Development Standards.
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. As stated previously, the property is designated as prime
and other lands on the U.S.D.A. Soils Map and is only six acres, which
does not constitute a parcel as prime farmground.
g. Section 23-2-230.6.7—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 Leslie Adams and Mary Trostel for a Site
Specific Development Plan and Use by Special Review Permit#1312 for an Outdoor Storage
Facility for Recreational Vehicles and Boats (Phase I) and Enclosed Storage Units (Phase II) in
the A (Agricultural)Zone District on the hereinabove described parcel of land be, and hereby is,
granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The approved Landscape/Screening Plan.
2) An additional twenty (20) feet for right-of-way reservation for full-
build out of Weld County Road 2 (168th Avenue).
3) The off-street parking area, including the access drive, shall be
surfaced with recycled asphalt gravel, asphalt or an equivalent
material. A typical cross section shall be shown on the plat.
4) The approved drainage and retention area.
2001-0503
PL1478
USE BY SPECIAL REVIEW PERMIT#1312 - LESLIE ADAMS/MARY TROSTEL
PAGE 4
5) The attached Development Standards shall be placed on the plat.
B. The existing septic system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the
system and a technical review describing the system's ability to handle
the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current regulations.
C. The applicant shall submit, and have approved, a Geological Hazard
Permit, prepared by a Colorado Registered Professional Engineer, as
indicated in Article V, Division 2 of the Weld County Code.
D. The applicant shall submit written evidence to the Department of
Planning Services indicating how the recommendations of the Colorado
Geological Survey, as indicated in its referral response received on
December 27, 2000, have been addressed.
E. The applicant shall submit a detailed Landscape/Screening Plan to the
Department of Planning Services for review and approval. The plan shall
address the maintenance of the landscaping and screening, as well as
the replacement of dead, dying or decaying plant materials.
F. The City of Broomfield has jurisdiction over all accesses on the portion of
Weld County Road 2 adjacent to the property. The applicant shall
contact the City of Broomfield to verify the access permit, or for any
additional requirements that may be needed to obtain or upgrade an
access permit for the Use by Special Review Permit activity. Written
evidence of adequate access shall be submitted to the Department of
Planning Services.
G. A Storm Water Drainage Report shall be submitted to the Weld County
Departments of Planning Services and Public Works for review and
approval. The report shall be prepared by a Registered Professional
Engineer, licensed in the State of Colorado. The report shall be
prepared, certified, and signed by such engineer.
H. The property shall be examined pursuant to Section 404 of the Clean
Water Act prior to any work on the site which may involve the excavation
or the discharges of dredged or fill material into waters of the United
States which may include ephemeral, intermittent and perennial streams,
lakes, ponds or wetlands. All of these areas shall be delineated and
mapped. Written evidence of such, shall be submitted to the Department
of Planning Services.
2001-0503
PL1478
USE BY SPECIAL REVIEW PERMIT#1312 - LESLIE ADAMS/MARY TROSTEL
PAGE 5
I. The applicant shall attempt to address the requirements or concerns of
the Greater Brighton Fire Protection District, as stated in the referral
response received December 28, 2000. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
3. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued, on the property until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of April, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
Lill WELD CO TY, COLORADO
ATTEST: 1 '; IE IL.a i��°"l bit
M. J. Geile, Chair
Weld County Clerk to the 'a
1861 ( 4"-W.V ��, XCUSED DATE OF SIGNING (AYE)
�,p ♦BY: C lenn Vaad, Pro-Tem
/ G II�._7.� .
Deputy Clerk to the Bo UN U N' �1.i ‘/./..,..R
Willi Jerke
Q; R ED AS RM:
David E. Long
unty Attorn y
Robert . Masde
2001-0503
PL1478
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LESLIE ADAMS/MARY TROSTEL
USR#1312
1. The Site Specific Development Plan and Use by Special Review Permit is for a use
permitted as a Use by Right, an Accessory Use or a Use by Special Review in the
Commercial or Industrial Zone Districts (Outdoor Storage for Recreational Vehicles and
Boats(Phase I)and Enclosed Storage Units (Phase II)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,Weld
County Code.
3. The hours of operation are from 9:00 a.m. to 6:00 p.m., seven days a week, as indicated
in the application materials.
4. All proposed or existing structures will meet the minimum setback and offset requirements
for the A (Agricultural) Zone District.
5. Any lighting used to illuminate the storage area, outside activity area, sign, or other
structure shall be arranged as to deflect light away from any adjoining residential zone and
from public road rights-of-way. 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; and neither the
direct or reflected light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets.
6. The enclosed storage buildings shall meet all building and fire codes.
7. The storage buildings shall be painted with an earth-tone color, approved by the Weld
County Department of Planning Services, to blend into landscaping of the area. The
structures must be kept in good repair at all times.
8. All items within the storage unit area must be stored within the structures at all times. No
outdoor storage will be allowed during the Phase II portion of this permit once fifty percent
of the enclosed units are constructed. Prior to the Certificate of Occupancy on the fourth
building, all outside storage shall be removed or stored within the enclosed structures.
9. A trash receptacle must be provided for the public and must be screened from all adjacent
properties and public rights-of-way.
10. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Article IV, Division II, Section 23-4-90, Weld County Code.
11. The property shall, at no time, store any derelict vehicles or have on the premise a Non-
Commercial Junkyard, as defined in Section 23-1-90, Weld County Code.
2001-0503
PL1478
DEVELOPMENT STANDARDS - LESLIE ADAMS/MARY TROSTEL (USR#1312)
PAGE 2
12. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-101, C.R.S.)shall be stored and removed for final disposal in a manner that
protects surface and groundwater contamination.
13. No permanent disposal of wastes shall be permitted at this site.
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
15. Fugitive dust shall be controlled on this site.
16. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in Section 25-12-103 C.R.S.
17. Adequate toilet facilities shall be provided for the public. The public shall be allowed to
utilize the toilet facilities located in the residence.
18. The facility shall utilize the existing public water supply (Mountain View Water Users).
19. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program Area 3.
20. The landscaping and screening on site shall be maintained in accordance with the
approved Landscape Plan.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
24. 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.
25. 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.
2001-0503
PL1478
Hello