HomeMy WebLinkAbout20191936RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0006, FOR A USE PERMITTED AS USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (INDOOR STORAGE OF RV, BOATS, TRAILERS, CARS, ATVS, AND
GENERAL RESIDENTIAL ITEMS), 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 - MNR, LLC
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 29th day of
May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of MNR, LLC, 850 S. Main St., Longmont, Colorado 80501, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0006, for a Use permitted as Use
by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts
(indoor storage of RV, boats, trailers, cars, ATVs, and general residential items), 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 A Minor Sub #1207 -19 -3 -MS -18, part of the
NW1/4 SW1/4 of Section 19, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Rosi Dennett, Front Range
Land Solutions, 210 Lincoln Street, Longmont, Colorado 80501, 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.
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1) Section 22-2-20.D (A.Goal 4) states: "Promote a quality
environment which is free of derelict vehicles, refuse, litter, and
other unsightly materials." The applicant indicates at no time will
any RV, vehicle, boat trailer, equipment, material or personal
property be located outdoors on the storage facility grounds.
Additionally, because all the storage will be located indoors,
potential crime will be minimized, and no unsightly materials or
items will be visible, which promotes a quality environment. The
applicant is providing a dumpster for disposal of trash and is also
proposing a dump station to address effluent transfer from the
recreational vehicles to a sealed vault that is pumped on a regular
basis by a licensed service provider.
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." Productive agricultural activities are not
readily supported on this parcel because of the small lot size. The
Commercial Use is appropriate because it is located in an
urbanizing area of the County, which is rapidly developing with
residential and commercial uses. The need for this facility results
from residential developments, which are covenant controlled
subdivisions that typically prohibit the storing of RVs, boats, and
trailers on private property. The proposed facility provides those
residents with the option of utilizing this facility for storage purposes
without violating their HOA covenants. The existing on -site
residence will continue to be used and the proposed landscaping
will buffer potential commercial nuisances from adjacent properties.
The storage facility is compatible, if buffered from adjacent
residential uses to the north, south and east and County Road 1 to
the west. Furthermore, the property has adequate access to
transportation networks with State Highway 66 being approximately
0.3 miles to the south and the Boulder -Weld County Line Road
being directly west of the site.
3) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." The existing residence is served by
the Longs Peak Water District and a residential septic system
permitted for two (2) bedrooms (G19850226). The proposed facility
will purchase a commercial water tap and will install a commercial
septic system. Mountain View Fire Rescue is also working with the
applicant to design the site to meet the safety requirements.
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B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
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."
This Code section allows the applicant to apply for a Use by Special
Review permit for the subject business which is more intense than
Uses Allowed by Right.
2) Section 23-3-40.S states: "Any use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or
Industrial zone districts, 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." This
Code section allows the applicant to apply for a USR for a
commercial/industrial operation, as the site is not located within a
subdivision.
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 low
and medium density residential and agricultural uses. The closest
residence is about 40 feet north of the site. There are six (6) Use by Special
Review Permits issued within one (1) mile of the site. USR-1738, for a
home business; USR-1470, for a landscaping, vehicle and equipment
storage/repair, and USR-1061, for a 12 -inch gas line, are to the north.
USR12-0010, for a dental office, is to the southeast. USR14-0040, for a
kennel; USR-1681, for an antique business and storage, are to the south.
The Weld County Department of Planning Services sent notice to thirteen
(13) Surrounding Property Owners within 500 feet of the site. Planning staff
received two (2) letters in opposition to the USR of the subject USR
property. The letter outlined concerns with detention pond design, traffic
impacts, access design and bulk/height of the buildings. The proposed Use
is in an area that can support this development and the proposed
landscaping, security fencing, Improvements Agreement, 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.
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 site is located within the three (3) mile referral area of
the Town of Firestone, the City of Longmont, and the Town of Mead. All
three (3) municipalities returned referrals stating no concerns, dated
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January 23, February 13, and January 22, 2019, respectively. The site is
located in the Coordinated Planning Agreement (CPA) boundary of the
Towns of Firestone and Mead. As part of the pre -application process, both
towns were notified of the proposal by Planning staff and were provided
Notice of Inquiry (NOI) forms by the applicant. Both municipalities
submitted signed NOI forms, which stated no annexation interest. The site
is not located in a Regional Urbanization Area (RUA) or Urban Growth
Boundary (UGB).
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
A -P (Airport) Overlay District, Geologic Hazard Overlay District, a Special
Flood Hazard Area, or MS4 area. 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 eastern portion of the parcel is located on soils designated as
"Prime (Irrigated) - Farmland of National Importance," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
western portion of the parcel is designated as "Other". The subject property
is not currently used for agricultural purposes and the USR will not further
remove any active farm ground from production. Due to the small size of
the property and being in a developing area, it is not suitable for agricultural
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of MNR, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR19-0006, for a Use permitted as Use by Right, Accessory
Use or Use by Special Review in the Commercial or Industrial Zone Districts (indoor storage of
RV, boats, trailers, cars, ATVs, and general residential items), 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 applicant shall address the requirements of Mountain View Fire
Rescue regarding water supply for fire protection, utility plans, and building
plans, as stated in the referral response dated February 5, 2019. Evidence
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of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
B. The applicant shall address the requirements of the Colorado Division of
Water Resources regarding stormwater management, as stated in the
referral response dated February 11, 2019. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
C. The applicant shall submit a Lighting Plan, including the Dark Sky Policy,
for the facility, addressing pole -mounted lighting, building -mounted lighting
and gate/wayfinding lighting.
D. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, damage repair to specified haul routes and future triggered
improvements. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and
approval of completed improvements.
E. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the state of Colorado is
required.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0006.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall show and label existing and proposed
landscaping and the proposed fence.
5) The applicant shall show and label the employee parking area.
6) The applicant shall show and label the enclosed or screened trash
collection areas.
7) The applicant shall develop an irrigation plan to maintain the
landscaping.
8) The applicant shall show and label the twenty -foot (20') setback
from the edge of the future or existing right-of-way, whichever is
greater. The proposed sign must be located outside of the setback.
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9) The facility sign shall adhere to the Sign Plan criteria as detailed in
the application materials and as stated in the Development
Standards which the Board of County Commissioners approved on
May 29, 2019. All other signs shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County
Code.
10) County Road 1 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
11) 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.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) No portion of the adjacent property's access easement shall be
gated.
14) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
15) The applicant shall show and label the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf), or one (1) paper copy 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.
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3. 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.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to Certificate of Occupancy:
A. An On -site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
Regulations. The OWTS is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County On -site
Wastewater Treatment System Regulations.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
7. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. 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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SPECIAL REVIEW PERMIT (USR19-0006) — MNR, LLC
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W • D COUNTY, C RADO -
ATTEST: ...ati
Weld County Clek to o thee Board
rbara Kirkmeyer, ¢hair
(NAY)
(AYE)
Mike Freeman, Pro -Tern
Gi
BY: - Y" LP
Deputy Clerk to the Board �, (AYE)
LSean P. onway
APP 'S► ED,S--f• ARM: ' (AYE)
rs��`, ott . James
ounttorney r ® P1 -0--L (AYE)
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MNR, LLC
USR19-0006
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0006, is
for a Use permitted as Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (indoor storage of RV, boats, trailers, cars, ATVs,
and general residential items), 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 property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
4. The hours of operation are 6:00 a.m. to 6:00 p.m., seven (7) days a week, as stated in the
application materials.
5. The public and employee parking areas shall be maintained.
6. All other 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. The landscaping shall be maintained with an irrigation system.
8. The existing and proposed landscaping and proposed screening on the site shall be
maintained.
9. There shall be no outdoor storage of vehicles, equipment, materials, et cetera. No derelict
vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the
site. The site shall not be utilized as a storage yard, salvage yard, or commercial junkyard.
No overnight occupation of any RV or storage unit is permitted.
10. No hazardous materials shall be stored onsite.
11. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
12. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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14. 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.
15. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
16. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. Weld County is not responsible for the maintenance of onsite drainage related features.
19. 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.
20. 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.
21. 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.
22. 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.
23. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
24. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
25. In the event the applicant intends to utilize the existing septic system, permitted as
G19750885, 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 On -site Wastewater Treatment Systems regulations.
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26. RV dump stations shall be connected to an appropriately engineer -designed On -site
Wastewater Treatment System which complies with all provisions of the Weld County
Code, pertaining to On -site Wastewater Treatment Systems. A vault permit is required.
27. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For ten (10) or less customers or visitors per 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, shall contain hand sanitizers and be screened from public view.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
29. 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 Dark Sky Policy and 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.
30. Building permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures 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: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
31. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
32. 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.
33. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
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Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
34. 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 (a) 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 persons 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.
35. 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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