HomeMy WebLinkAbout20182064.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0020, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION AND AGRICULTURAL
MACHINERY SALES) IN THE A (AGRICULTURAL) ZONE DISTRICT - SHAWN AND
SUSAN WIANT
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 11th day of
July, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Shawn and Susan Wiant, 2113 CR 45, Hudson, CO 80642, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0020, for any Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (construction and agricultural machinery sales) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -2702; being part
of the S1/2 of Section 22, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were 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:
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.
1) Section 22-2-20.6 (A.Goal 2) states: "Continue the commitment to
viable agriculture in Weld County through mitigated protection of
established (and potentially expanding) agricultural uses from other
proposed new uses that would hinder the operations of the
agricultural enterprises." The applicants provided area residents
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with a local equipment sales yard with large vehicular equipment for
use on the farm and ranch. The sales yard provides a venue for
the viewing and purchase of equipment that is an integral part of
farming operations
2) Section 22-2-20.B (A.Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production."
3) 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."
4) Section 22-2-20.G.1 (A.Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
the agricultural areas, when the impact to surrounding properties is
minimal or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The applicants seek
to address the changing needs of agriculture while enjoying the
rural lifestyle of an agriculture and construction equipment sales
dealer on a parcel of land that serves not only as their residence,
but also provides for grazing lands for their livestock.
Business -related traffic to and from the site is minimal, with access
coming from a paved road onto a graveled access and parking
area. Noise from the equipment for sale is negligible and will have
little impact on the surrounding property owners. Further, no
agricultural land has been taken out of production at this site.
5) 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 equipment sales area is
located in distances greater than 1,000 feet from any residence.
There are five (5) property owners on five parcels of land within 500
feet of this proposed facility. Planning staff has not received any
correspondence regarding this application by neighbors or
interested persons. The proposed use is in an area that can support
this development and 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.
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1) Section 23-3-10 states: "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."
2) Section 23-3-40.S allows for "Any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts, (agriculture and construction machinery
sales) 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.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is sited between the
Sequine Gulch and associated Sequine Reservoir and Stybr Reservoir
No. 2 and the southerly boundary of the Neres Canal and is located
adjacent to the northerly boundary of the Denver -Hudson Canal. The
surrounding land uses include rural residential development on Recorded
Exemption parcels all located to the west of County Road 45, with larger
tracts of land in predominately dryland agriculture located to the north, east
and south. There are also several oil and gas encumbrances located in
the near vicinity.
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 Towns of Hudson and Lochbuie. The Town of Hudson, in the referral
comments dated March 14, 2018, indicated no concerns. The Town of
Lochbuie did not return a referral.
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
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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, the 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 21.39 acres, of
which 5.22 acres are classified as "Other Lands," and 16.16 acres are
classified as "High Potential Dry Cropland — Prime if they become
Irrigated," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
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 Shawn and Susan Wiant, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0020, for any Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (construction and agricultural machinery sales) 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 plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0020.
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 existing landscaping and/or screening.
6) The map shall delineate the existing lighting in accordance with 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.
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8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) County Road 45 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 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) 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.
11) 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.
12) The applicant shall show the drainage flow arrows.
13) 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.
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. Prior to Construction:
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A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. 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 11th day of July, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dda,gA.) G Xit,of e.i
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar►�{, 1'.1(�/j�,'� EXCUSED
Sean P. C. way
EXCUSED
Ste Moreno, Chair
arbara Kirkmeyer Pro -Tern
VED A
Mike Freeman
ulie A. ozad
Coun y Attorney
Date of signature: Os 03 lP
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHAWN AND SUSAN WIANT
USR18-0020
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0020, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (agricultural and construction machinery sales) 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 parking area on the site shall be maintained.
4. 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.
5. The existing landscape/screening on the site shall be maintained.
6. 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.
7. 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.
8. 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.
9. 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.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
11. As the applicant intends to utilize the septic system for business needs, the septic system
shall be reviewed by a Colorado Registered Professional Engineer if the usage exceeds
eight (8) people. If the system is found to be inadequately sized or constructed, the system
shall be brought into compliance with current regulations.
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
visitors, at all times. A permanent, adequate water supply shall be provided for drinking
and sanitary purposes.
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13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. 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.
15. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
17. 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.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. 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.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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.
23. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
24. 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.
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25. 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.
26. 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.
27. 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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