HomeMy WebLinkAbout20172835.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0018, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OUTSIDE RECREATIONAL VEHICLE, BOAT AND
WATER CRAFT PARKING, STORAGE AND STAGING) 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 -
HAROLD AND LINDA AMERIN, JR.
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 23rd day of
August, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Harold and Linda Amerin, Jr., 4038 CR 21, Fort Lupton, CO 80621, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0018, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (outside recreational vehicle, boat and water craft parking, storage and
staging) 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:
W1/3 S1/2 of Section 3, Township 1 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by
Sheri Lockman, Lockman Land Consulting, LLC, 36509 CR 41, Eaton, CO 80615, 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:
Cc : PLC Ko / r \m), PE.c I -1B),
i-tL C L1..), CTBCT3), GLPPL
iOt to I l7
2017-2835
PL2479
SPECIAL REVIEW PERMIT (USR17-0018) - HAROLD AND LINDA AMERIN, JR.
PAGE 2
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.1 (A.Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
the agricultural areas, when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable."
2) 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."
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 any use
permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts, provided that the property is not
a lot in an approved or recorded subdivision plat, or part of a map or plan
filed prior to adoption of any regulations controlling subdivisions. Section 23-
3-230.C.1 allows Parking areas or structures, so long as such parking areas
are paved and screened from adjacent properties zoned R-1, R-2, R-3, R-4,
R-5, C-1, C-2, C-4 or I-1.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The Conditions of Approval and
Development Standards address mitigation measures, such as
landscaping, screening and lighting, which can ensure compatibility with
the surrounding land 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 application complies with the City of Dacono's Baseline
Standards which promotes compatibility with the City's future development.
Section 19-2-60.C.8 of the Coordinated Planning Agreement addresses
approval of development in urban growth area over the City of Dacono's
objection; however, the anticipated zoning is unfeasible because
designating property outside the City that is owned by someone as "open
space" is unreasonable zoning.
E. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts,
and the applicant does not intend to develop within the small portion of the
site located in the floodplain, but could do so by obtaining a flood hazard
2017-2835
PL2479
SPECIAL REVIEW PERMIT (USR17-0018) — HAROLD AND LINDA AMERIN, JR.
PAGE 3
development permit in compliance with Chapter 23, Article XI of the Weld
County Code.
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 applicant demonstrated that development of the subject site does
not take any Prime agricultural land out of production because it is hilly and
hasn't been irrigated since at least 1975.
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 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 Harold and Linda Amerin, Jr., for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0018, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (outside recreational vehicle, boat and water craft parking, storage and staging) 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 USR map:
A. County Road 19 has been annexed by the City of Dacono. Access and
right-of-way requirements will be determined by the City.
B. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0018.
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 adhere to the Dacono, Firestone and Frederick Uniform
Baseline Standards for all site development plans, pursuant to Chapter 19,
Article III, of the Weld County Code.
5) 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.
2017-2835
PL2479
SPECIAL REVIEW PERMIT (USR17-0018) — HAROLD AND LINDA AMERIN, JR.
PAGE 4
6) The applicant shall submit a Screening Plan for review and approval by the
Department of Planning Services.
7) A Lighting Plan shall be provided to the Department of Planning Services
for review and approval. The Lighting Plan shall adhere to the lighting
requirements for off-street parking spaces per Section 23-4-30.E of the
Weld County Code and shall adhere to the lighting standards, in
accordance with Section 23-3-360.F and Section 23-2-250.D of the Weld
County Code. Further, the approved Lighting Plan shall be delineated on
the plat.
8) 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.
9) The map shall delineate the parking area for the vendors, customers and/or
employees.
10) The applicant shall show the drainage flow arrows.
11) Show 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.
12) County Road 19 has been annexed by the City of Dacono. The applicant
shall verify the right-of-way and delineate the right-of-way on the site
plan. All setbacks shall be measured from the edge of right-of-way.
13) County Road 12 Section Line is shown to have 30 feet of unmaintained
section line right-of-way per the Weld County GIS right-of-way map. 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.
14) Show the approved City of Dacono access(es) on the site plan and label
with the approved access permit number, if applicable.
15) 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 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
2017-2835
PL2479
SPECIAL REVIEW PERMIT (USR17-0018) - HAROLD AND LINDA AMERIN, JR.
PAGE 5
(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 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(a�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 prior to the start of construction.
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 23rd day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dettAeti jClto't,k.
Weld County Clerk to the Board
BY:
APP
9G�GP
(AYE)
Julie A. Cozad, Chair
EXCUSED
Steve Moreno, Pro-Tem
Sean P. Conway
County Attorney �( Q° �' --` �j% LA_ —(NAY)
:arbara Kirkmeyer)
(AYE)
Date of signature: (O (1O ( 17
2017-2835
PL2479
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HAROLD AND LINDA AMERIN, JR.
USR17-0018
1. The Site Specific Development Plan and Use by Special Use Permit, USR17-0018, is for
any Use permitted, as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (outside recreational vehicle, boat and water craft
parking, storage and staging), 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 8:00 a.m. - 5:00 p.m., Monday — Saturday, for on -site personnel.
4. The number of on -site employees shall be three (3).
5. The RV Parking area is accessible 24 hours day/ seven (7) days a week.
6. The parking area on the site shall be maintained.
7. 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.
8. The approved Landscaping/Screening Plan shall be maintained.
9. Any improvements and new construction in the floodplain require a Flood Hazard
Development Permit.
10. 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 -2084E effective date January 20,
2016 (Little Dry Creek 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.
11. 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.
12. Outdoor storage is not allowed in the floodplain.
2017-2835
PL2479
DEVELOPMENT STANDARDS (USR17-0018) — HAROLD AND LINDA AMERIN, JR.
PAGE 2
13. 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.
14. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
15. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
16. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
17. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
18. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
19. RV dump stations shall be connected to an appropriately engineer designed On -Site
Wastewater Treatment System which complies with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems.
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For ten (10) or less customers or visitors per 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.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. The property owner did not apply for a potable water tap. If at any time a tap is placed on
this parcel, the parcel will need to be included within both the Northern Colorado Water
Conservancy District and the Municipal Subdistrict, Northern Colorado Water
Conservancy District boundary as this parcel is currently outside of both of these
boundaries.
2017-2835
PL2479
DEVELOPMENT STANDARDS (USR17-0018) — HAROLD AND LINDA AMERIN, JR.
PAGE 3
25. Water may not be hauled from elsewhere in the Central Weld County Water District for
benefit of this parcel until appropriate petitioning is completed.
26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
27. The historical flow patterns and runoff amounts on the site will be maintained.
28. 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.
29. 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.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
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.
2017-2835
PL2479
DEVELOPMENT STANDARDS (USR17-0018) - HAROLD AND LINDA AMERIN, JR.
PAGE 4
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
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.
2017-2835
PL2479
Hello