HomeMy WebLinkAbout20193475.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0037, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OFFICE, SHOP, VEHICLE AND EQUIPMENT
STORAGE AND STORAGE OF LANDSCAPING MATERIAL ASSOCIATED WITH A
LANDSCAPE 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 - CARVER
LANDSCAPE COMPANY
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 7th day of
August, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Carver Landscape Company, P.O. Box 459, Windsor, Colorado 80550, for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0037, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (office, shop, vehicle and equipment storage and storage of landscaping
material associated with a landscape 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 A of Recorded Exemption, RE -670; being part of
the NW1/4 of Section 16, Township 7 North,
Range 66 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 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.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 proposing a Screening
and Landscaping Plan to screen the property from the adjacent
residence. There is currently landscaping/screening located along
the south property line.
2) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies."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 amount of vehicles onsite,
which 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,
an Accessory Use, or a Use by Special Review in the Commercial
or Industrial Zone Districts (concrete construction business for
commercial vehicle and equipment storage) 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 attached Conditions of Approval and Development Standards
will adequately mitigate the impacts of the proposed use on the
surrounding area. Limits on hours of operation and number of
vehicles are attached to address the impacts related to this use.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The property borders an existing
residence immediately to the south and a residential parcel to the north.
There is an existing feedlot (approved under SUP -57) located to the
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northwest. The property is screened from the property to the south by
existing trees and vegetation. One (1) letter of concern/objection was
received, dated July 12, 2019, which expressed concerns with the property
not being maintained (weeds and landscaping materials strewn across the
property) in the past. The letter expressed that the property would continue
to upkeep the property should this USR be approved. No phone calls have
been received from surrounding property owners regarding this application
since referrals have been sent out for this case. Several Conditions of
Approval and Development Standards are attached, including limits on
hours of operation, number and type of vehicles associated with the
business and an updated Landscaping and Screening Plan to address
compatibility with the surrounding area.
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 and
the Cooperative Planning Agreement (CPA) boundaries of the Towns of
Ault and Severance. Prior to sending out referrals for this case, the Towns
of Ault and Severance indicated that they are not interested in pursuing
annexation at this time. No referral response has been received from the
Towns of Ault or Severance regarding this case.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area 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 proposed facility is located on approximately 6.05 acres
delineated as "Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. A portion of the site is covered with
existing buildings, access, and storage.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Carver Landscape Company, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0037, for any Use permitted as a
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Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (office, shop, vehicle and equipment storage and storage of landscaping material
associated with a landscape 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 plat:
A. The applicant shall submit a revised Screening/Landscape Plan for review
and approval by the Department of Planning Services. The size and/or
height of the landscaping materials shall be delineated on the map, and a
Landscape Maintenance Plan shall be provided.
B. An On -Site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
On -Site Wastewater Treatment System Regulations.
C. A letter signed by the property owner requesting that USR-617 be vacated
shall be provided to the Department of Planning Services.
D. A complete Change of Use Building Permit will be required to be submitted
to the Department of Building Inspection for the existing building onsite.
E. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0037.
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 delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the landscaping and/or screening.
6) The map shall delineate the lighting, which shall adhere to the Weld
County Code.
7) All 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.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
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9) County Road 29 is designated on the Weld County Functional
Classification Map as an arterial road, which in this location requires
100 feet of right-of-way. If the right-of-way cannot be verified, it shall
be dedicated. 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 future right-of-way.
10) 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 recording the USR map.
11) The applicant shall show and label the approved tracking control on
the site plan. The applicant will work with the Department of Public
Works to determine an acceptable tracking control solution that
does not include asphalt paving.
12) 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.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
15) 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) paper copy or one (1) electronic copy (.pdf) of the plat 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.
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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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
ATTEST: datif,,A) 4..•
Weld County Clerk to the Board
BY:211221-1;1„...4
%V
eputy Clerk to the Board
APPRO' D AS TO
Count A ttorney
Date of signature: o'/2.4i/!°t
WELD COUNTY, CO OR/ADO
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CARVER LANDSCAPE COMPANY
USR19-0037
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0037, is
for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (office, shop, vehicle and equipment storage and
storage of landscaping material associated with a landscape 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. — 5:00 p.m., Monday — Friday.
4. The number of on -site employees shall be up to six (6) full-time employees and six (6)
seasonal employees, as stated in the application materials.
5. The maximum number of business vehicles parked onsite, at any one (1) time, shall be
limited to four pick-up (4) trucks, five (5) skid steers, and five (5) trailers.
6. The 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 existing and proposed landscaping and screening on the site shall be maintained.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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
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provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems.
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
15. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
20. 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.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. Weld County is not responsible for the maintenance of on -site drainage related features.
23. 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.
24. 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 has 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.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
28. 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.
29. 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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