HomeMy WebLinkAbout20181903.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0005, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (DRYWALL BUSINESS INCLUDING THE STORAGE OF EQUIPMENT
AND COMMERCIAL VEHICLES) 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 - DONALD WILLS
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 27th day of
June, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Donald Wills, 9488 CR 80, Severance, CO 80524, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0005, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (drywall business including the storage of equipment and commercial vehicles) 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 -4113; being part
of the NW1/4 of Section 22, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by attorney Kevin
Ward, of Wick & Trautwein, LLC, 323 South College Avenue #3, Fort Collins, CO 80524, 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 wih Section 23-2-230.B 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.
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2018-1903
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SPECIAL REVIEW PERMIT (USR18-0005) - DONALD WILLS
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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." Productive agricultural activities are not
readily supported on this site because of the small lot size. The
proposed use is compatible with the surrounding properties as the
property contains a residence which is congruent with surrounding
properties. The site is located near several growing towns in
western Weld County which can benefit from the construction
service that this business provides. Existing screening includes an
opaque wood fence around the business yard which will mitigate
the commercial impact to the area.
2) Section 22-2-20.H.5 (A.Policy 8.5) states: "The land use applicants
should demonstrate that public service providers, such as, but not
limited to, schools, emergency services and fire protection, are
informed of the proposed development and are given adequate
opportunity to comment on the proposal." The proposed USR was
sent to twelve (12) referral agencies. The referral agencies had
28 days to review this USR and most of them submitted a response
of `no concerns', with the rest submitting comments or conditions
that are incorporated as Conditions of Approval or Development
Standards in the staff recommendation. North Weld County Water
District provides water service to the property via meter number
4358 001, and per the letter dated January 4, 2018, they have no
conflicts with the USR request. There is an existing septic system
permitted under, SP -1600159, on the site for the residence and
shop. The application states that an engineer review will be
submitted for the restroom located in the shop to ensure the septic
system is large enough to accommodate the business. Otherwise,
a portable toilet and bottled water may be used for employees who
are on the site for two (2) consecutive hours or less per day, and for
two (2) or less full-time employees. The site is located within the
Windsor/Severance Fire Protection District and Weld RE -4 School
District.
B. Section 23-2-230.B.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — 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."
2) Section 23-3-40.S — Uses by Special Review, of the Weld County
Code states: "Any use permitted as a Use by Right, an Accessory
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SPECIAL REVIEW PERMIT (USR18-0005) - DONALD WILLS
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Use, or Use by Special Review in the Commercial or Industrial Zone
Districts, provided that the property is not a Lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions." The proposed
Use is consistent with Section 23-3-10, as the Use is more intense
than a Use by Right. Also, the Use is allowed in the Commercial
and Industrial Zone Districts and is not a property within a
subdivision. Based on this, the Use may be permitted by a USR 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 adjacent lands consist of
farmland and residences. The Weld County Department of Planning
Services sent notice to eight (8) surrounding property owners. No
responses were received and one mail notice was undeliverable. Of the
eight (8) surrounding properties that were notified, six (6) have residences
located on them. The closest residence is approximately 140 feet to the
east. Most of the adjacent lots are zoned A (Agricultural). A 155 -acre lot,
located 0.05 miles to the northeast, is zoned PUD (PZ-1114, approved in
2007) for a 9 -lot subdivision; however, no final plan was submitted. There
are no subdivisions within a mile of the site and most of the nearby lots
have been created by the Recorded Exemption process. The applicant
does not own any other contiguous land. There are four (4) permitted USRs
within one (1) mile of this site. USR-1025 is for a second home and is
located 0.28 miles to the southeast. MUSR16-0001 is for a solar array
facility and is located 0.93 miles to the northwest. SUP -67 is for a cattle
feedlot and is located 0.44 miles to the south. CUP -17 is for labor housing
and is located 0.94 miles to the northwest.
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 the three (3) mile referral area of
the Town of Severance, Town of Timnath and Town of Windsor. The Town
of Severance and the Town of Windsor referral responses received in
January of 2018, indicated no concerns. The Town of Timnath did not
respond. The site is located within the Severance and Windsor Coordinated
Planning Agreement (CPA) Areas. As part of the pre -application process,
Severance submitted a signed Notice of Inquiry form that stated the
applicant should consider annexation. Windsor submitted a signed Notice
of Inquiry form stating that they did not have annexation interest. The site
is not located in a Regional Urbanization Area (RUA) or Urban Growth
Boundary (UGB) of a municipality.
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
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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, 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 parcel is located on soils designated as "Prime (Irrigated) -
Farmlands of National Importance," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. However, the site is already
developed and because it is only 1.78 acres, cannot readily support
farming.
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 Donald Wills, for a Site Specific Development Plan and
Use by Special Review Permit, USR18-0005, for a Use permitted as a Use by Right, Accessory
Use or Use by Special Review in the Commercial or Industrial Zone Districts (drywall business
including the storage of equipment and commercial vehicles) 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. The applicant's engineer shall update the submitted Drainage Narrative to
be signed and stamped by a Colorado Licensed Professional Engineer.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0005.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas.
5) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
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6) The map shall delineate the lighting, if applicable. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properies.
7) The map shall delineate the location of the employee parking, per
Section 23-2-240.A.6 of the Weld County Code.
8) The map shall delineate the existing screening and landscaping on
the site.
9) County Road 80 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 the right-of-way. This road is maintained
by Weld County.
10) Show and label the approved access location, and the appropriate
turning radii (60') on the site plan. The applicant must obtain an
Access Permit in the approved location.
11) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
12) 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 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 shal 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 map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording coninuance charge shall be added for each additional three (3)
month period.
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4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia.,
Weld County Clerk to the Board
unty Attorney
Date of signature: 07-21-1$
Steve Moreno, Chair
arbara Kirkmeyro-Tem
Sean P. Conway
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DONALD WILLS
USR18-0005
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0005, is
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (drywall business including the storage of
equipment and commercial vehicles) provided that the property is not a lot in an approved
or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m.
to 12:00 p.m. on Saturday.
4. The number of employees accessing the site shall be up to ten (10).
5. The existing screening around the parking area on the site shall be maintained.
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 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.
8. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
10. 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.
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. Weld County is not responsible for the maintenance of on -site drainage related features.
13. 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.
14. 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.
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15. 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.
16. 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.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors on the site for less than two (2) consecutive hours
a day, and two (2) or less full-time employees on the site, 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.
18. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
19. 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.
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
21. 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.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. 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
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Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
25. 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.
26. 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.
27. 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.
28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
29. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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