HomeMy WebLinkAbout20183034.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0058, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (LANDSCAPE CONSTRUCTION AND
MAINTENANCE BUSINESS), 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 - GEORGE AND
LAUREN SAGNER, JR., JR'S LANDSCAPING, LLC, C/O PATRICIA SAGNER
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 3rd day of
October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of George and Lauren Sagner, Jr., JR's Landscaping, LLC, 10606 CR 23
Fort Lupton, CO 80621, c/o Patricia Sagner, 11097 CR 22.5, Fort Lupton, CO 80621, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0058, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (landscape construction and maintenance business), 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, RECX12-0101; being
part of the NW1/4 of Section 12, Township 2 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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PL2593
SPECIAL REVIEW PERMIT (USR18-0058) - GEORGE AND LAUREN SAGNER, JR., JR'S
LANDSCAPING, LLC, C/O PATRICIA SAGNER
PAGE 2
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." And 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
applicants are requesting a Use by Special Review permit for a
landscape maintenance business on land that is also their personal
residence. The property owner employs twenty-five (25) persons
who will access the property in the morning, park their vehicles and
leave in company owned vehicles. Hours of operation are daylight
hours, Monday thru Saturday, during the months of April through
September. During winter months, October through March, the
hours are 24 hours a day/ seven (7) days a week, to provide for
snow removal activities. The existing landscaping on the site
consists of grasses with future plans to install landscaping around
the new residence.
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,
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.
3) 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." This site is located within the Intergovernmental
Agreement and Coordinated Planning Area for the municipalities of
Platteville, Firestone and Fort Lupton and is located within three (3)
miles of the Town of Firestone and the City of Fort Lupton. The
Town of Firestone returned a referral dated July 30, 2018, indicating
no concerns. The City of Fort Lupton did not return a referral
response. The site is located within Quadrant II of the City of
Fort Lupton Three Mile Area Plan adopted in January of 2018. The
Plan identifies issues that should be addressed prior to any parcel
of land being annexed into the City of Fort Lupton, but does not
propose the annexation of any lands near the City of Fort Lupton.
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SPECIAL REVIEW PERMIT (USR18-0058) - GEORGE AND LAUREN SAGNER, JR., JR'S
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Annexation of any land into the City of Fort Lupton remains a
decision of the individual landowner.
4) Section 22-2-20.H.3 (A.Policy 8.3) states: "The land use applicants
should demonstrate that the roadway facilities associated with the
proposed development are adequate in width, classification and
structural capacity to serve the proposed land use change." The
referral comments from the Department of Public Works state that
CR 23 is a paved road classified on the Weld County Transportation
Plan as a collector road. The Department of Public Works did not
have any concerns with the use of this road for this USR.
5) Section 22-2-20.H.4 (A.Policy 8.4) states: "The land use applicants
should demonstrate that drainage providing stormwater
management for the proposed land use change is adequate for the
type and style of development and meets the requirements of
county, state and federal rules and regulations." The drainage
narrative was submitted and reviewed by the Department of Public
Works. No concerns were identified with the stormwater
management.
6) 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 USR request was
sent to twelve (12) referral agencies, including municipalities within
three (3) miles and the fire district. The referral agencies had 28
days to review this USR and most of them submitted responses of
'no concerns' with the rest submitting comments or conditions that
are incorporated as Conditions of Approval or Development
Standards.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S allows for a Site
Specific Development Plan and Use by Special Review Permit for a
Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (Landscape Maintenance
Business) 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.
1. 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." The
proposed USR is in an area that can support this development and
the Conditions of Approval and Development Standards will assist
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SPECIAL REVIEW PERMIT (USR18-0058) - GEORGE AND LAUREN SAGNER, JR., JR'S
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in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
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
pastures, crops, and rural residences. There are ten (10) houses within
approximately 1,000 feet of the site. The closest residence is approximately
160 feet south of the property line. There are several USRs within one (1)
mile of this site. USR1391 is for a retail shop and tree decorating business
and USR14-0042 is for a high pressure gas pipeline and both are located
to the north. To the east is the Floodplain and Floodway of the South Platte
River, USR-911 for a tractor and farm implement sales company,
USR12-0019 for a Mineral Resource Development facility, USR-1591 for
outdoor vehicle storage, and USR13-0035 for a pipeline storage facility. To
the south are USR-1639 for a directional drilling company, MUSR14-0022
for a natural gas pipeline and USR-1444 for gravel mining. To the west are
USR-1120 for an equine training facility, USR13-0017 for a Mineral
Resource Development facility and USR-1063 for a 24 -inch natural gas
pipeline. The Weld County Department of Planning Services received no
phone calls or correspondence from surrounding property owners or
interested persons regarding this Use by Special Review (USR).
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 Intergovernmental Agreement
and Coordinated Planning Area for the municipalities of Platteville,
Firestone and Fort Lupton and is located within three (3) miles of the Town
of Firestone and the City of Fort Lupton. The Town of Firestone returned a
referral dated July 30, 2018, indicating no concerns. The City of Fort Lupton
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 site is not in a floodplain,
Geologic Hazard 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, 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 landscape business is located on four (4) acres of soil
designated as "Irrigated Land (Not Prime)," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. There are no new
structures proposed; therefore, the USR will not take any Prime (Irrigated)
Farmland out of production.
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SPECIAL REVIEW PERMIT (USR18-0058) - GEORGE AND LAUREN SAGNER, JR., JR'S
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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 George and Lauren Sagner, Jr., JR's Landscaping, LLC,
c/o Patricia Sagner, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0058, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (landscape construction and maintenance
business), 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. A Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control
and damage repair to specified haul routes.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0058.
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.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) If applicable, 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.
6) The map shall delineate the lighting, if applicable.
7) County Road 23 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. This
road is maintained by Weld County.
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8) 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 existing
location(s) prior to construction.
9) The applicant shall show and label the approved tracking control on
the site plan.
10) The applicant shall 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.
11) The applicant shall show the drainage flow arrows.
12) The applicant shall show and label the parking.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. 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 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.
4. 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 continuance charge shall be added for each additional three (3)
month period.
5. 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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SPECIAL REVIEW PERMIT (USR18-0058) - GEORGE AND LAUREN SAGNER, JR., JR'S
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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 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 8th day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C,(� (� `, ,,,/ ; ei
Weld County Clerk to the Board
BY(its •
AP
Coun A .rney
Date of signature: IO (av (e
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Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer_P.ro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GEORGE AND LAUREN SAGNER, JR., JR'S LANDSCAPING, LLC
C/O PATRICIA SAGNER
USR18-0058
1. The Site Specific Development Plan and Use by Special Review Permit,
USR18-0058, is for a Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (landscape construction
and maintenance business) 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 daylight hours, Monday thru Saturday, during the months of
April through September, and 24 hours a day/ seven (7) days a week, during the months
of October through March, to provide for snow removal activities.
4. The number of employees shall be forty (40).
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 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 property owner shall comply with all requirements provided in the executed
Improvements Agreement.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. Weld County is not responsible for the maintenance of on -site drainage related features.
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DEVELOPMENT STANDARDS (USR18-0058) - GEORGE AND LAUREN SAGNER, JR., JR'S
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14. 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.
15. 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.
16. 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 facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
17. 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.
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the
facility, at all times. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to Onsite Wastewater Treatment Systems.
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The existing well (permit 291979) cannot be used for the business unless it is re -permitted
to allow commercial use.
20. For employees or contractors onsite for less than two (2) consecutive hours a day, and
two (2) or less full-time employees onsite, 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.
21. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
22. All pesticides, fertilizer, and other 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.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. 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
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DEVELOPMENT STANDARDS (USR18-0058) - GEORGE AND LAUREN SAGNER, JR., JR'S
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streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
25. 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.
26. 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.
27. 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.
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 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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