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HomeMy WebLinkAbout20190397.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0092, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (VEHICLE REPAIR AND SERVICE, AUTOMOTIVE BODY SHOP), 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 - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT 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 January, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Eddie Wright, Brittany Wright, and Rita Giant, 17483 CR 44, LaSalle, Colorado 80645, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0092, for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (vehicle repair and service, automotive body shop), 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 -1861; being part of the E1/2 SW1/4 of Section 13, Township 4 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 23-2-230.6 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. c.c:PLCv.o(TP), Pwcmm), &H (SF) c -a. -COG), GL.pp ,, 1 A-PPL RAP 0/<5t (9 2019-0397 PL2629 SPECIAL REVIEW PERMIT (USR18-0092) - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT PAGE 2 1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change." The applicant acquired the property, in 2018, for the purpose of relocating his residence and business and to accommodate his extended family. The 4.3 -acre parcel has a ranch style residence, and two outbuildings, with lands to the west utilized for agricultural production, most recently leased to Pioneer Seed for test plots. The proposed shop is located within one of the two outbuildings. No other site improvements are proposed. 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 property is located outside of the Town of LaSalle Growth Boundary, dated August 2017, and is also outside of the Town of Gilcrest Framework Plan being a part of the 2012 Comprehensive Plan Update. The property is located within two miles of the Weld County Industrial Park located south of County Road 44 and east of County Road 33 and within one mile of a multi -use commercial and industrial use facility including an automobile restoration business as a tenant, permitted under MUSR12-0004. 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." The proposed facility will utilize a Central Weld County Water District residential tap, number 1065, subject to review by the District for usage. The site is also served by an individual well which is permitted for domestic use (89427) and a septic system sized for four (4) bedrooms (SE -9600079) which serves the existing residence. If the well will be used for business purposes, it will need to be re -permitted for commercial use. There will be up to five (5) full-time employees, plus the owner. A portable toilet and bottled water are proposed but does not meet Environmental Health Services Division policy. The existing septic system cannot be utilized for the business unless reviewed by an engineer. The applicant will be working with State and County agencies and departments to ensure there is adequate water and sanitary services available for the proposed use. 4) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." The proposed facility is located within existing structures on land that has historically been a residence with agricultural support buildings. Approximately three 2019-0397 PL2629 SPECIAL REVIEW PERMIT (USR18-0092) - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT PAGE 3 (3) acres is utilized as an agricultural test plot for Pioneer Seed. The character of the site will remain unchanged, as the proposed shop will be located entirely within the existing 4,400 -square -foot building. Adjacent properties to the west include single family residences on smaller tracts of land and production agricultural fields located to the north, east and south. 5) 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. Encourage applicants to communicate with those affected by the proposed land use change through the referral process." The site is located within the three-mile referral area of the City of Evans, Towns of Gilcrest and LaSalle. The City of Evans and Town of Gilcrest did not return a referral response and the Town of LaSalle, in a referral dated October 9, 2018, indicated no concerns. Local and State referral agencies were contacted for their comments concerning this proposed facility and, as appropriate, their comments have been included as a Condition of Approval or a Development Standard. Planning staff has not received any correspondence or telephone calls concerning this application. 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.S allows for any Use permitted as a Use by Right, Accessory Sse, or Use by Special Review in the Commercial Zone District (automotive body shop) to be located in the A (Agricultural) Zone District upon approval of a Use by Special Review permit. Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses. 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. 2019-0397 PL2629 SPECIAL REVIEW PERMIT (USR18-0092) - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT PAGE 4 C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed shop is located within one of the two outbuildings located to the east of the property. There is a plot of land that has historically been leased to Pioneer Seeds to the west of the site improvements, and adjacent to the west are several residential parcels all located to the north of County Road 44. The property is located within two miles of the Weld County Industrial Park located south of County Road 44 and east of County Road 33 and within one mile of a multi -use commercial and industrial use facility, including an automobile restoration business as a tenant, permitted under MUSR12-0004. Surrounding properties to the north, east and south are in agricultural production. 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 City of Evans and Towns of Gilcrest and LaSalle. The Town of LaSalle returned a referral dated October 9, 2018, indicating no concerns; the City of Evans and Town of Gilcrest did not respond to the referral request. Planning staff has not received any correspondence or telephone calls concerning this application. 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 Special Flood Hazard Area, Geologic Hazard Overlay District or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs F. Section 23-2-230.6.6 -- 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 "Irrigated Land — Not Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property owner will continue to utilize the land to the west of the site improvements for agricultural production. G. Section 23-2-230.B.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 2019-0397 PL2629 SPECIAL REVIEW PERMIT (USR18-0092) - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT PAGE 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Eddie Wright, Brittany Wright, and Rita Giant, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0092, for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (vehicle repair and service, automotive body shop), 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 USR Map: A. The applicant shall address the concerns (requirements) of the Central Weld County Water District specific to the commercial water usage practices permitted through residential tap number 1065. The applicant shall provide written evidence of compliance with Central Weld County Water District's requirements, or a letter indicating no re -permitting is necessary, to the Department of Planning Services. B. The USR Map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0092. 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 show the existing landscaping, fencing and/or screening. 6) 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. 7) The map shall show the parking area for the vendors, customers and/or employees. 8) County Road 35.5 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate 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. 2019-0397 PL2629 SPECIAL REVIEW PERMIT (USR18-0092) - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT PAGE 6 9) County Road 44 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 10) 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. 11) 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. 12) The applicant shall show the drainage flow arrows. 13) 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) 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. 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. 2019-0397 PL2629 SPECIAL REVIEW PERMIT (USR18-0092) - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT PAGE 7 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. A "Change of Use" building permit for the detached garage is required. A complete Code Analysis (prepared by an architect), Floor plan, and paint booth specifications will be required with the Building Permit, along with MSDS sheets for the liquids/materials stored in the building. Electrical systems within the building shall comply with the 2017 National Electrical Code. C. The Applicant shall notify and comply with local fire district requirements. 6. Prior to the issuance of the Certificate of Occupancy: A. In the event the applicant intends to utilize the existing septic system, for business use, the septic system shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. 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 or constructed, the system shall be brought into compliance with current regulations. 7. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. 8. 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. 2019-0397 PL2629 SPECIAL REVIEW PERMIT (USR18-0092) - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of January, A.D., 2019. BOARD OF COUNTY COMMISSIONERS W _ LD COUNTY, CQLORADO ATTEST: dit,f44.)jest, (A,Weld County Clrk to the Board BY: Deputy CI APP+R D AS County ttorney Date of signature: 2'1Z'1' arbara Kirkmeye1, Chair m1 1-+21 - Mike Freeman, Pro -Tern EXCUSED can P. Conway c --� Steve Moreno 2019-0397 PL2629 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT USR18-0092 1. A Site Specific Development Plan and Use by Special Review Permit for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (vehicle repair and service, automotive body shop), 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 on -site employees shall be limited to five (5). 4. The parking area on the site shall be maintained. 5. 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. 6. The existing landscaping and fencing on the site shall be maintained 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 2019-0397 PL2629 DEVELOPMENT STANDARDS (USR18-0092) - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT PAGE 2 12. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 13. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. 14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in C.R.S. §25-12-103. 15. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For employees or contractors onsite 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 adjacent properties. 16. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 18. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 19. As applicable, any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges from Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State. 20. 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. 21. The access located at the intersection of County Roads 44 and 35.5 shall be limited to a Residential access only, and no commercial traffic associated with the business may utilize this access location. 22. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 24. 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. 2019-0397 PL2629 DEVELOPMENT STANDARDS (USR18-0092) - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT PAGE 3 25. The historical flow patterns and runoff amounts on the site will be maintained. 26. Weld County is not responsible for the maintenance of on -site drainage related features. 27. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 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. 28. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 29. 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. 30. 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. 31. The facility shall notify the County of any revocation and/or suspension of any State -issued permit. 32. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State -issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. 33. 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. 34. 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 2019-0397 PL2629 DEVELOPMENT STANDARDS (USR18-0092) - EDDIE WRIGHT, BRITTANY WRIGHT, AND RITA GIANT PAGE 4 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. 35. 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. 2019-0397 PL2629 Hello