HomeMy WebLinkAbout20191200.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0113, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (SHOP AND 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 -
CHRISTOPHER AND MICHELLE SWANSON
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 3rd day of
April, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Christopher and Michelle Swanson, 3801 Royal Drive, Fort Collins, Colorado
80526, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0113,
for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (shop and 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 A of Recorded Exemption, RE -4225; being part
of the W1/2 of the W1/2 of Section 14, 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 23-2-230.6 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.
c c PLCC(9ITP),PwcEP/ TJ),Z,H-H<<..c.),
Gc c bc) PPLS
OS/Ooh/lq
2019-1200
PL2654
SPECIAL REVIEW PERMIT (USR18-0113) - CHRISTOPHER AND MICHELLE SWANSON
PAGE 2
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 proposed use is located on a
parcel delineated as "Non -Prime," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. No farmground
will be removed from agricultural production. The site is immediately
adjacent to State Highway 14 and truck traffic associated with the
business will access directly onto the Highway.
2) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues." The proposed use is
in an area that can support this development, and the existing
screening, the Conditions of Approval, and the Development
Standards will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land
uses and the region. Limits on the number of vehicles and
landscaping requirements have been attached as Conditions of
Approval and Development Standards to help mitigate impacts from
this Use on adjacent properties and the surrounding area.
B. Section 23-2-230.B.2 -- The proposed Use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40 of the Weld County Code allows Uses permitted as
a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts 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 A (Agricultural) Zone District regulations are established to
promote the health, safety and general welfare of the present and
future residents of the county." Conditions of Approval and
Development Standards (including limits on hours of operation and
limits on number of vehicles associated with the business) will
address impacts associated with the proposed business.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed USR site is located
approximately 450-500 feet from the nearest residence. Cropland is
located further to the east along with rangeland from the west. Another
residence is located a further distance to the north (across State Highway
14) as well as another residence to the south. The residence to the east is
screened from the site by trees and vegetation. No phone calls or
2019-1200
PL2654
SPECIAL REVIEW PERMIT (USR18-0113) - CHRISTOPHER AND MICHELLE SWANSON
PAGE 3
correspondence regarding this application have been received from
surrounding property owners. Conditions of Approval and Development
Standards (including landscaping and screening requirements, limits on
hours of operation, limits on number of commercial vehicles and limits on
number of employees) will ensure that the use is compatible 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 of
the Town of Severance. The site is also located within the Town of
Severance/Weld County Cooperative Planning Agreement Boundary. Prior
to sending out referrals, the Town of Severance responded that the Town
of Severance is comfortable with the applicant's decision to remain in the
County. No referral response from the Town of Severance regarding this
case has been received.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
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 property the facility is to be located on is delineated as "Irrigated
Land (Not Prime)" and "Prime if Irrigated," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The proposed facility is
located on land delineated as "Irrigated Land (Non -Prime)".
G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Christopher and Michelle Swanson, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0113, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (shop and 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:
2019-1200
PL2654
SPECIAL REVIEW PERMIT (USR18-0113) - CHRISTOPHER AND MICHELLE SWANSON
PAGE 4
1. Prior to recording the plat:
A. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required
B. A Grading Permit shall be submitted for the existing ground disturbance
(including parking and access improvements) associated with the facility.
C. A complete Change of Use Building Permit will be required to be submitted
to the Department of Building Inspection for the existing building onsite.
D. A Building Permit for the two (2) existing cargo containers on the property
shall be submitted to the Department of Building Inspection.
E. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0113.
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 on the map the trash collection areas.
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. The
truck parking area shall be screened from public rights -of -way and
adjacent, existing residential structures.
6) The map shall delineate the lighting.
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.
9) County Road 21 Section Line is shown to have 30 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 21 Section Line Right -of -Way, not County
2019-1200
PL2654
SPECIAL REVIEW PERMIT (USR18-0113) - CHRISTOPHER AND MICHELLE SWANSON
PAGE 5
maintained." All setbacks shall be measured from the edge of the
right-of-way.
10) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label the parking and traffic
circulation flow arrows showing how the traffic moves around the
property.
13) The Colorado Department of Transportation (CDOT) has
jurisdiction over all accesses to state highways. The applicant shall
show the approved CDOT accesses on the map and label with
access permit number, if applicable.
14) 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 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 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.
2019-1200
PL2654
SPECIAL REVIEW PERMIT (USR18-0113) - CHRISTOPHER AND MICHELLE SWANSON
PAGE 6
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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WECOUNTY, COLORADO
ATTEST: d.,,anki
Weld County Clerk to the Board tom.
BY: 4
Deputy Cler o the Boar
APP -R ED
ounty ttorney
Date of signature: 6-1-P
arbara Kirkm yer, C - it
Mike Freeman, P Tern
an P. Conway
2019-1200
PL2654
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHRISTOPHER AND MICHELLE SWANSON
USR18-0113
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0113, is
for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (shop and truck parking) provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan prior to the
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 5:00 a.m. — 7:00 p.m., Monday — Friday, and Saturday,
6:00 a.m. - 12:00 p.m.
4. The number of employees will be up to ten (10) full-time equivalent employees.
5. The vehicles associated with the business will be limited to nine (9) semi -trucks and
twelve (12) pneumatic 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 landscaping/screening on the site shall be maintained.
9. 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.
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, Section 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 and the accepted waste handling plan.
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.
2019-1200
PL2654
DEVELOPMENT STANDARDS (USR18-0113) - CHRISTOPHER AND MICHELLE SWANSON
PAGE 2
13. Adequate drinking, handwashing, and toilet facilities shall be provided for employees, at
all times. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Onsite Wastewater Treatment Systems.
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
15. All potentially hazardous chemicals must be handled in a safe manner, in accordance with
product labeling, and in a manner that minimizes the release of hazardous air pollutants
(HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturers' recommendations.
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 historical flow patterns and runoff amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on -site drainage related features.
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. Sources of light shall be shielded so that beams or rays of light 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.
22. 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 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.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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
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.
2019-1200
PL2654
DEVELOPMENT STANDARDS (USR18-0113) - CHRISTOPHER AND MICHELLE SWANSON
PAGE 3
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.
2019-1200
PL2654
Hello