HomeMy WebLinkAbout20180506.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0071, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE
DISTRICT (VEHICLE SERVICE/REPAIR ESTABLISHMENT) IN THE
A (AGRICULTURAL) ZONE DISTRICT - DAYTON STREET, LLC, C/O RICHARD
BAUER, MIDWEST AUTO BODY
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 28th day of
February, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dayton Street, LLC, 6297 S. Urban St., Littleton, CO 80127, c/o Richard
Bauer, Midwest Auto Body, 1884 Grace Ave., Wattenburg, CO 80621, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0071, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial Zone District (vehicle
service/repair establishment) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot 8, Block 7 Wattenburg and part of the NE1/4; all
in Section 25, Township 1 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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.
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 surrounding properties consist of rural residential
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properties located within the Wattenberg Townsite and several
residences are in close proximity to this proposed facility. There are
twenty-seven (27) parcels within 500 feet of the property.
2) Section 23-2-240.A.10 states: "Buffering or screening of the
proposed use from adjacent properties may be required in order to
make the determination that the proposed use is compatible with the
surrounding uses." The proposed use is in an area that can support
this development and the existing and proposed screening, the
Conditions of Approval and Development Standards will assist in
mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. 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 Zone District, (vehicle service/ repair establishment), to be
located in the A (Agricultural) Zone District upon approval of a Use by
Special Review permit.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property is
permitted for mineral resource extraction to the east and south
[AmUSR-421 Asphalt Paving; USR-1350 Aggregate Industries]; to the west
and north is the Townsite of Wattenberg with several residences in close
proximity, and north of County Road 6 are lands utilized for agricultural
uses.
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 Cities of Brighton and Fort Lupton and Adams County. The City of Fort
Lupton provided a response to the Coordinated Panning Agreement
referral, dated March 28, 2017, which indicated the property is located in
an area covered by the Fort Lupton IGA with Brighton, so they do not have
any comments on the application. The City of Brighton and Adams County
did not respond.
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 or the Airport Overlay District. The property is
located within a Special Flood Hazard Area. A referral response was
received from the Weld County Department of Planning Services
Floodplain Planner indicating a Flood Hazard Development Permit is
required to be submitted and approved for the use and no outdoor storage
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of floatables is allowed in the floodplain. Finally, if the structure on the site
is being utilized as living quarters, it will need to comply with FEMA
regulations regarding residential structures in the floodplain. 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 "Other Land," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
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 Dayton Street, LLC, c/o Richard Bauer, Midwest Auto
Body, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0071, for
any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial Zone District (vehicle service/repair establishment) 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. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance including, but not limited
to, dust control, tracking control, damage repair, specified haul routes and
future traffic triggers for improvements will be included.
B. The applicant shall provide evidence to the Department of Planning
Services that all noncommercial junkyard items located on the property are
screened from all adjacent properties and public rights -of -way, or have
been removed from the property.
C. A Landscape/Screening Plan to mitigate visual impacts shall be submitted
to the Department of Planning Services for review and approval.
D. The applicant shall submit a signed Non -Conforming Structure land use
application to the Department of Planning Services.
E. The applicant shall attempt to address the requirements of the Brighton
Fire Rescue District, as stated in the referral dated January 9, 2018.
Evidence of such shall be submitted to the Department of Planning
Services and Building Inspection.
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F. A Flood Hazard Development Permit (FHDP) is required to be submitted
and approved for this use.
G. No outdoor storage of floatables is allowed in the floodplain.
H. A Change of Use Building Permit will be required. A Code Analysis
prepared and stamped by an architect, and a floor plan shall be submitted
with all the rooms/areas labeled and uses classified by May 1, 2018.
If the structure on the site is being utilized as living quarters it will need to
comply with FEMA regulations regarding residential structures in the
floodplain.
J. The USR Map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0071.
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 approved landscaping and/or screening.
6) The map shall show the on -site 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 show the parking area for the vendors, customers
and/or employees.
9) Grace Avenue is a paved 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.
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10) Show and label the approved access locations, and the appropriate
turning radii (60 -foot) 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) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
13) Show and label the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
14) The applicant shall show the drainage flow arrows.
15) 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 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.
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5. 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.
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 28th day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddrifdA) j o;ti
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
APPROVED AS
ounty Attorney
Date of signature: O4 -O ,218.
Ste Moreno, Chair
arbara Kirkmeyer,
ro-Tem
Sean P. Conway
o&l&dad
Julie A. Cozad
41 0 `�-rti3✓t
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAYTON STREET, LLC,
C/O RICHARD BAUER, MIDWEST AUTO BODY
USR17-0071
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0071, is
for any Use permitted as a Use by Right, Accessory use, or Use by Special Review in the
Commercial Zone District, (vehicle service/repair establishment) in the A (Agriculture)
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 8:00 a.m. to 5:00 p.m., Monday through Friday.
4. The number of on -site employees shall be three (3).
5. 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 approved landscaping/screening on the site shall be maintained.
8. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) 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 30-20-100.5, C.R.S.
11. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
12. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
13. 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.
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14. 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.
15. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S.
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors on -site for less than two (2) consecutive hours a
day, and two (2) or less full-time employees on -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.
17. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
19. If the floor drains are used for anything other than rainwater, the process wastewater (floor
drain wastes) shall be captured in a watertight vault and hauled off for proper disposal.
Records of installation, maintenance, and proper disposal shall be retained.
20. If rainwater will be discharged to the ground, the facility will adhere to the "Low Risk
Discharge Guidance: Discharges from Surface Cosmetic Power Washing Operations To
Land, July 2010" as provided by the State.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
23. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
25. 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.
26. The historical flow patterns and runoff amounts on the site will be maintained.
27. 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
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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.
28. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -2115E, effective date January 20,
2016 (South Platte River Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
29. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
30. No outdoor storage of floatables is allowed in the floodplain.
31. If the structure on the site is being utilized as living quarters it will need to comply with
FEMA regulations regarding residential structures in the floodplain.
32. 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 2014 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.
33. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
34. 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.
35. 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
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
36. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
37. 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.
38. 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.
39. 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.
40. 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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