HomeMy WebLinkAbout20194359.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0052, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE OF FIREWOOD AND PARKING AND STAGING OF UP TO
FIVE (5) 3/4-TON PICKUP TRUCKS AND TWO (2) TRAILERS) IN THE
A (AGRICULTURAL) ZONE DISTRICT-THE GUEST FAMILY TRUST
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 6th day of
November, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of The Guest Family Trust, 9175 CR 47.5, Hudson, Colorado 80642, for
a Site Specific Development Plan and Use by Special Review Permit, USR19-0052, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (storage of firewood and parking and staging of up to five (5) 3/4-ton
pickup trucks and two (2) trailers) in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Part of the SW1/4 of Section 13, Township 2 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the matter was continued based on the applicant's decision
to not withdraw the application and the need to allow staff time to finalize staff recommendation,
conduct a PC hearing on November 5, 2019, and finalize the PC Minutes prior to the Board of
County Commissioner hearing, and
WHEREAS, on December 11, 2019, the applicant was represented by Justin Dickman,
and
WHEREAS,the application for Use by Special Review Permit, USR19-0052, was received
and processed prior to the adoption of Ordinance #2019-02, effective July 25, 2019, which
amended Chapter 23 Zoning of the Weld County Code. Therefore, the standards for review of
said USR Permit will remain subject to Chapter 23, Article III, of the Weld County Code as it
existed prior to July 25, 2019, 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.
cc :PLCCGITP), Pw(mm), ,HCLL), 2019-4359
CCaC8C), OJ pL RE,P PL2716
O3(O518.0
SPECIAL REVIEW PERMIT (USR19-0052) -THE GUEST FAMILY TRUST
PAGE 2
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.
1) 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 surrounding properties are
primarily agricultural in nature, with a few homes in proximity. The
firewood storage area is located on the west side of the property at
a further distance from the existing residences which are located
closer to County Road 47.5. The amount of traffic and number of
employees are limited and will result in minimal impacts to County
roads and adjacent properties. The proposed use is in an area that
can support this development and the Conditions of Approval and
Development Standards, including screening requirements, limits
on the number of on-site employees and limits on the number of
vehicles on-site, will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding
land uses and the region.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-340.S delineates any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (storage of firewood and parking and
staging of up to five (5) 3/4-ton pickup trucks and two (2) trailers)
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 as a Use by Special Review
in the A (Agricultural) Zone District.
2) 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 application was submitted and determined complete prior to
the changes to the Weld County Code that became effective
July 24, 2019. The attached Conditions of Approval and
Development Standards will adequately mitigate the impacts of the
proposed use on the surrounding area.
2019-4359
PL2716
SPECIAL REVIEW PERMIT (USR19-0052) -THE GUEST FAMILY TRUST
PAGE 3
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. One (1) letter has been received
from a neighboring property owner. The letter outlined concerns with the
lack of property maintenance and weeds growing and then blowing onto
neighboring properties, the proximity of the wood storage and parking area
to the floodplain, the possibility of snakes and rodents being attracted to
the wood storage area and concerns with the increase of traffic.
Development Standards have been attached limiting the number of
employees and vehicles. Only four (4) employees, five (5) trucks and
two (2) trailers are associated with the business. A Screening Plan and
Maintenance are attached as Conditions of Approval for this case.
Development Standards are also attached which require the applicant to
control noxious weeds and properly store and dispose of materials onsite.
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 areas of
the Town of Hudson and Town of Keenesburg. It is also located within the
Keenesburg-Weld County Intergovernmental Agreement (Coordinated
Planning Agreement) boundary. The Town of Hudson indicated no conflicts
with their interest in the referral dated September 18, 2019. Prior to setting
up this application the Town of Keenesburg was sent a Notice of Inquiry
and stated that they were not interested in pursuing annexation. No referral
response was received from the Town of Keenesburg.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. A portion of the property is
located within the 100-year (Box-Elder Creek) floodplain. However, the
firewood storage and parking area is located outside of the floodplain. The
property is not within the Geologic Hazard Overlay District or the Airport
Overlay District. 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 vehicle parking/staging area and firewood storage area is located
on land delineated as "Irrigated Land (Not Prime)," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
2019-4359
PL2716
SPECIAL REVIEW PERMIT (USR19-0052) -THE GUEST FAMILY TRUST
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of The Guest Family Trust, for a Site Specific Development
Plan and Use by Special Review Permit, USR19-0052, for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage
of firewood and parking and staging of up to five (5) 3/4-ton pickup trucks and two (2) trailers) 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 map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0052.
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) County Road 47.5 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 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.
5) County Road 20 is an unmaintained section line right-of-way. The
applicant shall verify and delineate on the map the unmaintained
right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of the right-of-way. This
road is not maintained by Weld County. Any unmaintained road
needs to be located/identified in relationship to the right-of-way.
Show and label the section line right-of-way as "CR 20 Section Line
Right-of-way, Not County Maintained".
6) The applicant shall show and label the preliminarily approved
access location, access width and the appropriate turning radii (60
feet) on the site plan. The applicant must obtain an Access Permit
in the approved location prior to operation.
7) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
2019-4359
PL2716
SPECIAL REVIEW PERMIT (USR19-0052) -THE GUEST FAMILY TRUST
PAGE 5
8) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
9) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the plat, 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 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.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. Any construction in the floodplain requires a Floodplain Permit.
6. 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.
2019-4359
PL2716
SPECIAL REVIEW PERMIT (USR19-0052) -THE GUEST FAMILY TRUST
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, CO ORADO
ATTEST: ditifet) �' .�C,Lta11 ' .
arbara Kirkmeyer, Chair
Weld County Clerk to the Board
EXCUSED
n / Mike Freeman, Pro-Tern
BY: Al ,�
eputy Clerk to the Board ,�r..•� �
Sean Conway
APP' . •ED AS
-'.c• " K. James
County Attorney
Steve Moreno
o Date of signature: 01/2.4S/20
2019-4359
PL2716
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THE GUEST FAMILY TRUST
USR19-0052 •
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0052, is for
a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (storage of firewood and parking and staging of
up to five (5) 3/4-ton pickup trucks and two (2) trailers) in the A (Agricultural) Zone District,
and is 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 maximum number of business vehicles parked onsite at any one (1) time shall be
limited to five (5) pick-up trucks and two (2) trailers, per the application materials.
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
5. 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.
6. 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.
7. 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.
8. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the
facility, at all times. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems.
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The existing well (permit#70900) cannot be used for the business unless it is re-permitted
for business use.
10. For employees or contractors on site for less than two (2) consecutive hours a day,
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, contain hand sanitizers and be
screened from existing adjacent residential properties and public rights-of-way.
2019-4359
PL2716
DEVELOPMENT STANDARDS (USR19-0052) -THE GUEST FAMILY TRUST
PAGE 2
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. 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.
13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
14. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
15. 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.
16. The historical flow patterns and run-off amounts on the site will be maintained.
17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
18. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map#08123C-1975E effective date January 20,
2016 (Box Elder Creek Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
19. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
20. 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.
2019-4359
PL2716
DEVELOPMENT STANDARDS (USR19-0052) -THE GUEST FAMILY TRUST
PAGE 3
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. 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.
23. 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.
24. 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.
25. 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.
2019-4359
PL2716
Hello