HomeMy WebLinkAbout20190677.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0091, FOR A SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A AND A USE PERMITTED AS
A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICT (AN ELECTRICAL BUSINESS)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT - B AND A TRUST, C/O KITZMAN ELECTRIC, INC.
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
February, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of B and A Trust, c/o Kitzman Electric, Inc., 15925 CR 38, Platteville, CO
80651, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0091,
for a Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A and
a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone District (an electrical business) provided that the property is not a lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE -80; being part of
the SE1/4 SE1/4 of Section 34, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Tim Naylor,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, 80634, 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:
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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.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change."
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial, and industrial
uses should be accommodated when the subject site is in an area
that can support such development and should attempt to be
compatible with the region. " The applicant is requesting a Use by
Special Review permit for an electric contractor business on land
that is also his personal residence. The property owner will employ
eleven (11) persons who will access the property in the morning,
park their vehicles and leave in company owned vehicles. Hours of
operation are 7:00 a.m. to 7:00 p.m., Monday thru Saturday, with
availability for 24 hours on call to answer emergency conditions.
The existing landscaping on the site consists of grasses with plants
and trees.
3) Section 23-2-240.A.10 states: "Buffering or screening of the
proposed use from adjacent properties may be required in order to
make the determination that the proposed use is compatible with
the surrounding uses." The proposed use is in an area that can
support this development and the existing and proposed screening,
the Conditions of Approval and the Development Standards, will
assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and
the region.
4) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered, but should not determine the appropriateness of such
conversion." This site is located within the Intergovernmental
Agreement and Coordinated Planning Area for the municipality of
Platteville and is located within three miles of the Towns of
Platteville and Gilcrest. The Town of Platteville Notice of Inquiry
dated July 17, 2018, stated, "The Town is not interested in annexing
the property. It is well outside the Urban Growth Boundary and the
Three Mile Area Plan." The Town also returned a referral dated
September 7, 2018, indicating they found no conflicts with their
interests. The Town of Gilcrest did not return a referral request.
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5) Section 22-2-20.H.5 (A. Policy 8.5) states: "The land use applicants
should demonstrate that public service providers, such as but not
limited to schools, emergency services and fire protection, are
informed of the proposed development and are given adequate
opportunity to comment on the proposal." The applicant is
requesting a USR permit for two (2) single-family dwellings on one
parcel. The applicant indicates that the Central Weld County Water
District provides water service to both residences through
residential Tap No. 3036. Both residences on the property are
serviced by the same existing on -site wastewater treatment system
which is permitted for three (3) bedrooms (G19771468). An
engineer review is required and if the system is inadequate a repair
permit must be submitted, and the system shall be brought up to
current requirements. Portable toilets and bottled water can be used
for employees who are onsite for two (2) consecutive hours or less
and 2 or less full-time employees on site. The application indicates
a portable toilet would be used for the business which is acceptable
with Environmental Health policy. The Conditions of Approval and
Development Standards ensure that there are adequate services
and facilities available. The USR request was sent to twelve (12)
referral agencies, including municipalities within three (3) miles and
the fire district. The referral agencies had 28 days to review this
USR and most of them submitted response of 'no concerns' with
the rest submitting comments or conditions that are incorporated as
Conditions of Approval or Development Standards.
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.M allows for a Site
Specific Development Plan and Use by Special Review Permit for one (1)
Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A. (second single-family dwelling unit) and
Section 23-3-40.S allows for a Site Specific Development Plan and Use
by Special Review Permit for a Use permitted as Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (an electrical business) provided that the property is not a lot
in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent states, in part, "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than uses Allowed by Right."
The proposed USR is in an area that can support this development
and the Conditions of Approval and the Development Standards will
assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and
the region.
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C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
dryland agriculture, irrigated production agriculture and rural residences.
There are thirty-one (31) houses within approximately one (1) mile of the
property, with the nearest residences being approximately 93 feet north;
121 feet east and 238 feet south of the property line. There are several
USRs within one (1) mile of this site: USR17-0049, for a high-pressure
natural gas pipeline; USR-958 (ten (10) inch gas line located to the north
and west), 5MJUSR17-83-0542 (DCP Mewbourn Gas Plant), USR12-0009
(a non -1041 major facility of a public utility), and USR-1018 (oil and gas
storage of equipment). To the south are USR18-0018 (Anadarko Latham
Gas Plant), and USR-888 (Single -Family Dwelling). The Weld County
Department of Planning Services has not received phone calls or
correspondence from the surrounding property owners or interested
persons regarding this Use by Special Review.
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.
This site is located within the Intergovernmental Agreement and
Coordinated Planning Area for the municipality of Platteville and is located
within three (3) miles of the Towns of Platteville and Gilcrest. The Town of
Platteville Notice of Inquiry, dated July 17, 2018, stated "The Town is not
interested in annexing the property. It is well outside the Urban Growth
Boundary and the Three Mile Area Plan." The Town also returned a referral
dated September 7, 2018, indicating they found no conflicts with their
interests. The Town of Gilcrest did not return a referral request.
E. Section 23-2-20.B.5 -- The application complies with Chapter 23, Articles V
and XI, of the Weld County Code. The site is not in the MS4, Floodplain,
Geologic Hazard or the Airport Overlay Districts. Building Permits issued
on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
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 proposed business is located on soil designated as "Other" per
the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. There are no new structures proposed so the USR will not take any
"Prime (Irrigated)" farmland out of production.
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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of B and A Trust, do Kitzman Electric, Inc., for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0091, for a Single -Family
Dwelling Unit per lot other than those permitted under Section 23-3-20.A and a Use permitted as
a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
District (an electrical business) provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions 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 map:
A. The on -site wastewater treatment system permitted as G19771468, shall
be reviewed by a Colorado registered professional engineer to ensure
adequacy for the addition of the second residence. In the event the system
is found to be inadequately sized or constructed, the system shall be
brought into compliance with current regulations.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be lab&.ed USR18-0091.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) 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.
5) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6) The map shall delineate the lighting, if applicable.
7) County Road 33 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
8) County Road 38 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
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delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
9) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
10) The applicant shall show the drainage flow arrows.
11) The applicant shall show and label the parking.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or (1) electronic copy (.pdf) of the map for preliminary approval to
the Weld County Department of Planning Services. Upon approval of the map the
applicant shall submit a Mylar map along with all other documentation required as
Conditions of Approval. The Mylar map shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The map
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
5. 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 map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of February, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: tom(atifeti adi ;
Weld County Clerk to the Board
BY:
Deputy Cler
APP:: v' D AS
nty" Attorney
Date of signature: E -I' I l
Barbara Kirkm
er, Ch it
Mike Freeman, Pro-Tem
. James
ED
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
B AND A TRUST, C/O KITZMAN ELECTRIC, INC.
USR18-0091
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0091, is for
a Single -Family Dwelling unit per lot other than those permitted under Section 23-3-20.A
and a Use permitted as a Use By Right, Accessory Use, or Use By Special Review in the
Commercial or Industrial Zone Districts (an electric business) provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District,
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. The hours of operation are 7:00 a.m. to 7:00 p.m., Monday thru Saturday, with emergency
service calls taken 24 hours a day, seven days a week.
4. The number of employees shall be up to eleven (11), as stated in the application.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. There shall be no outdoor storage of materials related to the business.
8. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
9. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
11. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
14. 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, C.R.S. §30-20-100.5.
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15. 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. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
16. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
18. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
19. In the event the applicant intends to utilize the existing septic system at the home, for
business use, the 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.
20. Adequate hand washing, and toilet facilities shall be provided for employees, at all times.
For employees or contractors on site for less than two (2) consecutive hours a day, and
two (2) or less full-time employees onsite, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers. Portable toilets shall be screened from
public view.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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 construed as,
traffic control devices.
23. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes;
2006 International Energy Code, and 2017 National Electrical Code; A building permit
application must be completed and two complete sets of engineered plans bearing the wet
stamp of a Colorado registered architect or engineer must be submitted for review. A
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Geotechnical Engineering Report performed by a registered State of Colorado engineer
shall be required or an Open Hole Inspection.
24. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the business
property at any reasonable time upon 24 hour notice to ensure the commercial activities
carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
25. 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.
26. 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.
27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
28. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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