HomeMy WebLinkAbout20183469.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0076, FOR USES SIMILAR TO THE USES LISTED AS USES BY
SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT
OF THE A (AGRICULTURAL) ZONE DISTRICT, (VEHICLE SERVICE/REPAIR
ESTABLISHMENT FOR EMERGENCY VEHICLES) INCLUDING UP TO FIVE (5)
CONSTRUCTION TRAILERS AND TEN (10) CONEX STORAGE CONTAINERS USED
ON A TEMPORARY BASIS DURING CONSTRUCTION AND REMOVED POST
CERTIFICATE OF OCCUPANCY IN THE A (AGRICULTURAL) ZONE DISTRICT -
MOUNTAIN VIEW FIRE RESCUE DISTRICT
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 7th day of
November, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Mountain View Fire Rescue District, 3561 N. Stage Coach Rd. #200,
Longmont, Colorado 80504, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0076, for Uses similar to the uses listed as Uses by Special Review as long as
the Use complies with the General Intent of the A (Agricultural) Zone District, (vehicle
service/repair establishment for emergency vehicles) including up to five (5) construction trailers
and ten (10) conex storage containers used on a temporary basis during construction and
removed post certificate of occupancy in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX17-0184, being
part of the W1/2 SW1/4 of Section 3, Township 1
North, Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Steve Steinbicker, 160
Palmer Drive, Fort Collins, Colorado 80525, 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:
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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.3 (A.Policy 7.3) states: "Conversion of
Agricultural land to Urban residential, Commercial and Industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered, but, should not determine the appropriateness of such
conversion."The 2015 Town of Erie Comprehensive Plan Update
designates this parcel as B (Business) with allowed primary and
secondary uses, including supporting public uses and facilities.
2) Section 22-2-20.H.1 (A.Policy 8.1) states: "The land use applicants
should demonstrate that adequate sanitary sewage and water
systems are available for the intensity of the development." Left
Hand Water District submitted a letter with the application stating
that the property is within the "Service Area" and if all conditions
and requirements are met, water service may be available to the
above stated area in the future. St. Vrain Sanitation District (SVSD)
submitted a letter with the application stating the District's long-term
plan is to serve all land parcels within the SVSD 208 Boundary. At
this time, SVSD is unable to serve the property since there is not
sanitary sewer main lines nearby. The applicant proposes to install
an engineered commercial On-site Wastewater Treatment System
(OWTS) and stub out a pipe for future District sanitary sewer.
3) Section 22-2-100.F.2 (C.Policy 6.2) states: "The land use applicant
should demonstrate that the roadway facilities associated with the
proposed commercial development are adequate in width,
classification and structural capacity to serve the development
proposal." The Weld County 2017 Functional Classification Plan
and the Weld County 2035 Transportation Plan and Functional
Classification Plan map both identify County Road 7 as an Arterial
status road. The Town of Erie 2030 Roadway System Plan
identifies County Road 7 as a Collector status road and there is a
new road proposed (CR 7.25) as an Arterial status road. Future
traffic signals are proposed at the intersections of County Road 7
and State Highway 52 and at County Road 7.25 and County
Road 12. County Road 12, between County Road 3 and County
Road 9, is being re-classified as a Minor Arterial road for this
segment. The proposed Mountain View Fire Rescue Emergency
Vehicle Maintenance Shop will be constructed off of County Road
7, between County Road 12 and State Highway 52. Based on the
current and projected road classifications of County Road 7 and
adjacent roads, there is a functional integrity (safety, capacity, and
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mobility) of the County and Town of Erie roadway network to
accommodate the present and future needs of the area.
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.W allows for Uses similar to the uses listed as Uses
by Special Review as long as the Use complies with the General
Intent of the A (Agricultural) Zone District, (vehicle service/repair
establishment for emergency vehicles) including up to five (5)
construction trailers and ten (10) conex storage containers used on
a temporary basis during construction and removed post certificate
of occupancy 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. North of the proposed
maintenance facility and future fire station are rural residential properties
on varying sized parcels, to the west is the proposed Summerfield
development, a master planned community for an active adult lifestyle
community with a mixture of age-restricted, age targeted and free-market
home sites. Early projections include 2,200 Residential units and a mixed
use commercial development; to the south and east is the Anadarko,
Kerr-McGee OnShore, LP, Class II Injection well and 192-foot in height
communications tower.
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 Dacono, Towns of Erie and Frederick. The Town of Erie returned
a referral response, dated August 2, 2018, stating that an Access Permit
was required and that there may be additional requirements including
right-of-way dedication, stamped construction documents for
improvements to County Road 7, landscaping and sidewalk improvements,
and a development agreement to address future improvement needs. The
Town of Frederick returned a referral, dated August 1, 2018, indicating no
concerns and the City of Dacono did not return a referral response.
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 within the
Geologic Hazard Overlay District and per the Colorado Geologic Survey
(CGS) referral, dated August 20, 2018, there is a presence of expansive
soils and bedrock constitutes a geologic hazard. There is a high risk that
the slabs on grade and foundations will heave or settle and be damaged.
To reduce the risk, CGS agrees with the geo-technical recommendation to
over excavate and remove the native soils to a depth of six (6) feet or
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greater and place recompacted soils that are treated to reduce but not
eliminate the risk. The property is within the Airport Overlay District, MS4
Stormwater Management Program area or within a Special Flood Hazard
Area. 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 a 4.0-acre parcel classified as
"Prime, Irrigated," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The property does not have irrigation
water, is in an urbanizing area, and at four (4) acres would be difficult to
farm given the location and size of parcel, therefore, no "Prime if irrigated"
Agriculture land will be removed from 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 Mountain View Fire Rescue District, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0076, for Uses similar to the uses
listed as Uses by Special Review as long as the Use complies with the General Intent of the
A (Agricultural) Zone District, (vehicle service/repair establishment for emergency vehicles)
including up to five (5) construction trailers and ten (10) conex storage containers used on a
temporary basis during construction and removed post certificate of occupancy 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. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. The applicant shall provide evidence to the Department of Planning
Services that an access permit has been obtained from the Town of Erie.
C. The applicant shall submit a Lighting Plan incorporating the Dark Sky policy
for review and approval by the Department of Planning Services.
D. The USR Map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0076.
2) The attached Development Standards.
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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 proposed landscaping, accepted
site improvements, and/or screening of the outside storage area.
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) The applicant shall show the approved Municipality of Erie
access(es) on the site plan and label with the approved access
permit number, if applicable.
10) 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.
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
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.
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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. Prior to the issuance of the Certificate of Occupancy
A. An On-Site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
OTWS Regulations. The OWTS is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County OWTS
Regulations.
7. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of November, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di, xllv;,r,C %
St e Moreno, Chair
Weld County Clerk to the Board
rbara Kirkmeyer, P o-Tem
BY: •'.�I'i././,. . irL . ` ��
Deputy ClerJ o the Boar• a� .")
Sean . Conway
APP'* ED dt!7�R �s�t `f'>�. EXCUSED
julieACozad
.unmoney ( ! ` � r
Mike Freeman
Date of signature: 1717/18
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MOUNTAIN VIEW FIRE RESCUE DISTRICT
USR18-0076
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0076, is for
Uses similar to the uses listed as Uses by Special Review as long as the Use complies
with the General Intent of the A (Agricultural) Zone District, (vehicle service/repair
establishment for emergency vehicles) including up to five (5) construction trailers and ten
(10) conex storage containers used on a temporary basis during construction and
removed post certificate of occupancy 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 number of on-site employees associated with the Maintenance Facility shall be
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 on the site shall be maintained.
7. Screening of the outside storage area shall be maintained
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.
12. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling, and in a manner that minimizes the release of hazardous air pollutants
(HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturers' recommendations.
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13. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
14. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the Colorado Oil and Gas
Conservation Commission (COGCC) Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
15. A current Professional Engineer certified and signed copy of the Spill Prevention, Control
and Countermeasure Plan shall be available onsite, as applicable.
16. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times. A permanent, adequate water supply shall be provided for drinking
and sanitary purposes.
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. 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.
19. Process wastewater (such as 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. The applicant shall obtain a Colorado Discharge Permit System or CDPS Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
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. Weld County is not responsible for the maintenance of on-site drainage related features.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. Any work that may occupy and/or encroach upon any Town of Erie rights-of-way or
easement shall acquire an approved Right-of-Way Use Permit prior to commencement.
26. 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,
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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.
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
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
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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.
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.
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