HomeMy WebLinkAbout20190553.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0108, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (TRUCK AND EQUIPMENT PARKING AND STORAGE FOR CONCRETE
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 - DANNY DORRANCE, JR., AND CASSANDRA
DORRANCE
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 13th day of
February, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Danny Dorrance, Jr., and Cassandra Dorrance, 35070 Cornerstone
Way, Windsor, Colorado 80550, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0108, for a Use permitted as a Use by Right, Accessory Use or Use by Special
Review in the Commercial or Industrial Zone Districts (truck and equipment parking and storage
for concrete 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 D of Recorded Exemption, RECX18-0023; being
part of the NE1/4 of Section 4, Township 7 North,
Range 67 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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DORRANCE
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A. Section 23-2-230.6.1 -- The proposal is consistent with Chapter 22 of the
Weld County Code and any other applicable code provision or ordinance
in effect.
1) Section 22-2-10. F states: "Land use policies should support a high -
quality rural character which respects the agricultural heritage and
traditional agricultural land uses of the County, as agricultural lands
are converted to other uses (excluding urban development). Rural
character in the County includes those uses which provide rural
lifestyles, rural -based economies and opportunities to both live and
work in rural areas. The natural landscape and vegetation
predominate over the built environment. Agricultural land uses and
development provide the visual landscapes traditionally found in
rural areas and communities." The proposed facility is consistent
with the land use policies defined in Section 22-2-1,0.F of the
Comprehensive Plan. The proposed use will use only a small corner
of the property. Workshops are common in the A (agricultural) zone.
The applicants are proposing to build a home on the property in the
future, which will allow them to run their business from their home.
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 shop will be located near
utilities, leaving the remainder of the property open for pastureland.
The applicants have agreed to install treed landscaping to screen
commercial uses from the closest neighbor. The proposed
screening, the Conditions of Approval and 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.
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, of the Weld County Code states, "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. The
proposed use is permitted under Section 23-3-40.S., which allows
any Use permitted as a Use by Right, Accessory Use or Use by
Special Review Permit in the Commercial or Industrial Zone
Districts provided that the property is not a lot in an approved or
recorded subdivision plat or lot part of a map or plan filed prior to
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adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. There are three Use by Special
Review permits within one mile of the site, SUP -380 (230 kV electrical
lines), USR-1466 (Home Business — Construction), and USR-607 (Animal
Research Facility). Electrical lines are adjacent to the southern property
line. The Home Business is located approximately 700 feet east of the
property boundary, across County Road 86. Three (3) phone calls were
received from two Surrounding Property Owners with concerns of having a
commercial business being located too close to his house. The applicants
are in communication with one neighbor and have agreed to install a treed
landscaped buffer and to maintain the shared access road.
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.
This site is located within both the Timnath and Severance
Intergovernmental Agreement areas. No responses were received back.
The site is located approximately 1.3 miles from the Town of Severance
limit. The current Severance Future Land Use Map does not include the
subject property.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles
V, XI, and XII of the Weld County Code. The site is not in a floodplain,
geohazard area, MS4 area or 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. The Board finds that the application meets drainage
exception Sec. 23-12-30.F.1.a.10, with direction that the "total project" is
defined as applicable to all new and existing development within the USR
boundary.
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 land designated as "Other Land"
per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. No prime agricultural or irrigated land is affected by this
proposal.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Danny Dorrance, Jr., and Cassandra Dorrance, for a
Site Specific Development Plan and Use by Special Review Permit, USR18-0108, for a Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (truck and equipment parking and storage for concrete business),
provided that the property is not a lot in an approved or recorded subdivision plat or part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0108.
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 the areas for commercial
storage/parking and employee parking.
5) The applicant shall show and label the proposed landscaping and
screening of the commercial storage/parking and employee parking
area.
6) The applicant shall show and label the location of the portable
toilets.
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) If applicable, 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.
9) If applicable, the map shall delineate the lighting. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properties.
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10) 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.
11) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
12) County Road 86 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
13) County Road 86 Section Line is shown to have 60 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. Show and label the section line right-of-way
as "CR 86 Section Line Right -of -Way, not County maintained." All
setbacks shall be measured from the edge of right-of-way.
14) County Road 19 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
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
15) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction.
16) 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.
17) 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) 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
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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 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. Prior to the issuance of the Certificate of Occupancy:
A. An on -site wastewater treatment system is required for the proposed facility
and shall be installed according to the Weld County On -site Wastewater
Treatment System (O.W.T.S.) Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according
to the Weld County O.W.T.S. Regulations.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
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 13th day of February, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W . LD COUNTY, COLORADO
ATTEST: dide,,t) jdo.A,,rk.
Weld County Clerk to the Board
BY:
Deputy Clerk
County Attorney 'wl
Date of signature: 2-Z1-19
arbara Kirkmeyer,
Mike Freeman, Pr -Tem
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DANNY DORRANCE, JR., AND CASSANDRA DORRANCE
USR18-0108
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0108, is for
any Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit in
the Commercial or Industrial Zone Districts (truck and equipment parking and storage for
concrete 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 number of commercial vehicles related to the business shall be limited to sixteen (16)
commercial vehicles.
4. The hours of operation are 6:00 a.m. — 6:00 p.m., Monday — Sunday.
5. The business development envelope shall be limited to one (1) acre, as defined on the
USR Map.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. The proposed landscaping/screening of the commercial storage/parking and employee
parking area shall be maintained.
8. 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.
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 applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
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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. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at
all times. For employees or contractors on site for less than two (2) consecutive hours a
day, and two (2) or less full-time employees onsite, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers. Portable toilets shall be screened from
existing, neighboring residential properties.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
as applicable.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
21. 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.
22. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
23. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
24. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
25. The historical flow patterns and runoff amounts on the site will be maintained.
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26. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
31. 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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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.
32. 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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