HomeMy WebLinkAbout20181918.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0016, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (STORAGE YARD FOR COMMERCIAL
PLAYGROUND AND PARK EQUIPMENT) 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 - KEN AND MARKAY
COSPER
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 Ken and Markay Cosper, 2143 River West Drive, Windsor, CO 80550, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0016, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (storage yard for commercial playground and park equipment) 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, RECX16-0082; being
part of the NE1/4 of Section 27, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.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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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 site is located on agricultural zoned
land. The northern half of the property contains a single-family
residence. No agricultural land (cropland) is located on this
property.
2) 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." A number of Conditions of
Approval and Development Standards are proposed to address the
impacts of this Use, including the requirement that the storage area
be screened from adjacent properties. The proposed Use is in an
area that can support this development and the existing screening,
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.
1) Section 23-340.S delineates any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (storage yard for commercial playground
and park equipment) 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 as a
Use by Special Review in the A (Agricultural) Zone District.
2) Section 23-3-10 — Intent 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."
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. A single-family residence is located
to the northeast of the site, and a platted PUD (Coyote Run) is located
immediately to the east (though the adjacent lot is not developed) and is
currently in agricultural production. Cropland is located to the north, east
and south of the site.
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
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municipalities. The site is located within the Cooperative Planning
Agreement (IGA) and three (3) mile referral areas of the Towns of
Severance and Windsor. The Town of Windsor in the referral comments
received April 16, 2018, indicated no concerns. The Town of Severance in
the referral comments, dated May 7, 2018, indicated no issues but
requested that a more specific site plan be submitted indicating screening
and setbacks.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. Building Permits issued on the
lot will be required to adhere to the fee structure of the County -Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 3.73 acres
delineated as "Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The parcel is only 3.7 acres in size. A
residence is located on -site and the site is not in agricultural production.
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 Ken and Markay Cosper, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0016, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage
yard for commercial playground and park equipment) 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 plat:
A. A Building Permit shall be submitted for the cargo container stored on the
site.
B. The storage area shall be screened on the east and west sides by an
opaque wooden, vinyl or metal fence of a combination of an opaque fence
and vegetation. No screening is required on the north side due to existing
trees and vegetation.
C. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0016.
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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 approved screening.
6) The map shall delineate the lighting.
7) County Road 78 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
8) County Road 21 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
9) The applicant shall 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.
10) The applicant shall show the drainage flow arrows.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
12) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the 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
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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.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of June, A.D., 2018.
ATTEST: dOtilwo W ..d40 ok,
Weld County Clerk to the Board
BY:
Deputy Clerk to t
ourity A rney
Date of signature: 0 7-.L7-/8
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Steve Moreno, Chair
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KEN AND MARKAY COSPER
USR18-0016
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0016, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (storage yard for commercial playground and park
equipment), 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 total employees associated with the business is ten (10).
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 screening and existing landscaping 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. 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.
11. Any septic system or holding tank located on the property must comply with all provisions
of the Weld County Code, pertaining to On -site Wastewater Treatment Systems.
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12. If the existing septic system is utilized 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.
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, as applicable.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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.
16. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
18. 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.
19. The historical flow patterns and runoff amounts on the site will be maintained.
20. Weld County is not responsible for the maintenance of on -site drainage related features.
21. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected,
light from any light source may create a traffic hazard to operators of motor vehicles on
public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
22. Building permits may be required, 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.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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24. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
25. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
26. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
27. 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.
28. 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.
29. 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.
30. 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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