HomeMy WebLinkAbout20194571.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0048, 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 ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SEMI -TRUCK PARKING) 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 -
DAVID AND CYNTHIA STARK
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 30th day of
October, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of David and Cynthia Stark, 25311 CR 49, Greeley, Colorado 80631, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0048, 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 any Use permitted as a Use by Right, Accessory Use or Use by
Special Review in the Commercial or Industrial Zone Districts (semi -truck parking) 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, RECX17-0189; being
part of the NE1/4 SE1/4 of Section 25, Township 5
North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the 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 application for Use by Special Review Permit, USR19-0048, 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, 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:
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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 ordinance in effect.
1) Section 22-2-20.F.2 (A.Policy 6.2) states: "Support opportunities,
such as but not limited to hobby farming and home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle." The property
owners are the owners and managers of the trucking company and
they live in the primary on -site residence. The proposed USR allows
them to conduct a small local business and maintain a rural
residential lifestyle on the same property.
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 proposed business is located in an
area that contains several other commercial and industrial
operations and is near oil and gas activity. The proposed business
is compatible with the existing land uses. Productive agricultural
activities are not readily supported on this parcel because of the
small lot size. Furthermore, this property has direct access onto
County Road 49, which is a major regional transportation corridor
that supports commercial and industrial transportation. The location
of this trucking company is supported because trucks may travel
north or south on County Road 49 and connect directly onto to
U.S. Highway 34 or Interstate 76, which are both major trucking
routes.
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." There is currently water and septic
service provided to the property for the existing trucking business
and second home. Central Weld County Water District (CWCWD)
(account #06), provides water to the site. The CWCWD referral
dated July 17, 2019, did not have opposition to the business or
two (2) residences. The referral stated that the applicant will be
contacted independently of the USR permit to complete a backflow
survey, but that it did not need to be a Condition of Approval for the
USR. A septic permit (G19880193, repermitted by SP -0900174)
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sized for six (6) bedrooms serves both residences and the
employee restroom located in the primary residence.
B. Section 23-2-230.6.2 — 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."
As of July 11, 2019, the date of complete application submittal, 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.M — Uses by special review, of the Weld County
Code states, "One (1) single-family dwelling unit per lot other than
those permitted under section 23-3-20.A. (second single-family
dwelling unit) in the Agricultural (A) Zone District." As of July 11,
2019, the date of complete application submittal, this Code section
allows the applicant to apply for a USR second home.
3) Section 23-3-40.S — Uses by special review, of the Weld County
Code allows, "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 lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions." As of
July 11, 2019, the date of complete application submittal, this code
section allows the applicant to apply for a USR for a miscellaneous
commercial/industrial operation because the site is not located
within a subdivision or historic townsite.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
farmland, rural residences, oil and gas operations and commercial or
industrial operations. There are three (3) parcels immediately adjacent to
the site; one (1) with a residence. The applicant does not own any other
contiguous land. There are several USRs within one (1) mile of this site,
including natural gas pipelines, a concrete construction company, an oil
and gas support and service facility, and mineral resource development
facilities. This area of the County is rapidly developing with commercial and
industrial operations and the subject trucking USR is compatible with the
existing businesses. The Weld County Department of Planning Services
sent notice to three (3) surrounding property owners within 500 feet of the
proposed USR boundary. No responses were received. No other
correspondence or phone calls were received.
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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. Although this area is not expressly designated for industrial
uses, the site offers convenient access to County Road 49, which is a direct
and important transportation connection in Northern Colorado. Locating
this type of USR next to a major transportation corridor minimizes the need
for trucks to drive on local roads or extensively through agricultural lands,
which support Sections 22-2-80.C and .F of the Weld County Code. This
site is located within the three (3) mile referral radius of the Town of Kersey,
which returned a referral response, dated July 25, 2019, and indicated no
concerns. The site is located within the Town of Kersey Coordinated
Planning Agreement boundary. During the pre -application process, the
applicant submitted a Notice of Inquiry (NOI) form to Kersey. The Town
returned the signed NOI, dated March 19, 2019, and requested appropriate
screening of the truck parking area. The site is not located in a Regional
Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a
municipality.
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 located within
the A -P (Airport) Overlay District; however, no referral response was
received from the Greeley -Weld County Airport. The property is not located
within the 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 site is designated as "Irrigated Land (Not Prime)," per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The
proposed USR will not remove any agricultural land from production. The
subject site is not currently used for agricultural purposes as the small,
five (5) acre parcel is not suitable for agricultural production.
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. The Weld
County Departments of Public Works and Public Health and Environment
referrals, dated July 23, and July 26, 2019, respectively, provide additional
background and advisory information regarding designing and operating
the site in conformance with the interests of the County, public and other
governmental agencies.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of David and Cynthia Stark, for a Site Specific Development
Plan and Use by Special Review Permit, USR19-0048, 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 any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (semi -truck parking) 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. During the site inspection dated October 3, 2019, a fifth -wheel style RV
appeared to be utilized as a dwelling unit. The applicant shall provide a
written statement that the RV will no longer be utilized as a dwelling and
will only be stored onsite.
B. As the existing On -site Wastewater Treatment System (G19880193) will
be utilized for business use, the OWTS shall be reviewed by a Colorado
registered professional engineer to determine sizing limitations. The review
shall consist of observation of the system and a technical review describing
the system's ability to handle the proposed use. 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 for the proposed use, the system
shall be brought into compliance with current OWTS regulations.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0048.
2) The attached Development Standards.
3) The map shall be updated to show only the property under
consideration for the USR.
4) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
5) The applicant shall show and label the location of the areas for the
parking of trucks, trailers, fuel storage and tool/maintenance shed.
6) The applicant shall show and label the location of existing and
proposed buildings, including the existing second home.
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7) The applicant shall show and label the location of the trash
collection areas. Section 23-3-250.A.6 of the Weld County Code
addresses the issue of trash collection areas.
8) The applicant shall show and label the location of the signage, if
applicable. Signs shall adhere to Chapter 23, Article IV, Division 2,
Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
9) The applicant shall show and label the location of the lighting, if
applicable. All lighting shall be downcast and shielded so that light
rays will not shine directly onto adjacent properties.
10) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
11) If applicable, setback radiuses for existing oil and gas tank batteries
and wellheads shall be indicated on the map, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
12) The County Highway (County Road 49) is designated on the Weld
County Functional Classification Map as an arterial road, which
typically requires 140 feet of right-of-way at full build out. The
alignment of the road widening project varies along the section line
for the corridor. The applicant shall contact the Department of
Public Works for the location of the existing and future right-of-way
and easements and delineate these on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
13) 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 operation.
14) 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.
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.
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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 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.
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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
shall be obtained.
5. 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dgetnik) Xito.ok• EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
AP : ED
orne
Date of signature: II/05M
Mike Freeman, Pro-Tem
-SearrP. Conway
i
K. James
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID AND CYNTHIA STARK
USR19-0048
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0048, is
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 any Use permitted as a Use by
Right, Accessory Use or Use by Special Review Permit in the Commercial or Industrial
Zone Districts (semi -truck parking) 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 of the business office are 7:00 a.m. to 5:00 p.m., seven (7) days a
week. Trucks will be parked onsite 24 -hours a day when not in use.
4. The maximum number of employees shall be up to five (5), as stated in the application
materials.
5. The maximum number of commercial semi -trucks and associated trailers shall be nine (9),
as stated in the application materials.
6. The outdoor truck parking area on the site shall be maintained.
7. 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.
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 to 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.
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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.
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 applicant 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. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
18. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
19. Any On -site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems.
20. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
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. 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 Residential Code, 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.
24. 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
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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.
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 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 (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.
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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