HomeMy WebLinkAbout20171992.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE B PECIA
PERMIT, USR17-0010, FOR ANY USE PERMITTED AS A E BY
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE CO ERCIAL
INDUSTRIAL ZONE DISTRICTS (SHOP FOR LIGHT BODY WORK AND ORAG ' OF
PARTS ALONG WITH OCCASIONAL OUTDO' - AINTING OF BU RS AND
FENDERS, ETC.), PROVIDED THAT THE PR •- , •T A LO IN AN
APPROVED OR RECORDED SUBDIVISION PLA - PART OF ' ' PLAN
FILED PRIOR TO ADOPTION OF ANY RE ' ATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DIST - T - WILLIAM WORRELL,
CIO BOOTH MOTORS, LLC
WHEREAS, the Board of County Co missioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County • me Rule Charter, is vested with the authority of
administering the affairs of Weld County olo - -o, and
WHEREAS, the Board of Co y Commission- held a public h- = ring on the 12th day of
July, 2017, at the hour of 10:00 a. ., in the Chambers . the Board, •r the purpose of hearing
the application of William Worrell, 15741 CR 5, Mead, C• ' '504, • Booth Motors, LLC, 1444
Vista View Dr., Longmont, O 80504, for a Site Specific De - •p -nt Plan and Use by Special
Review Permit, USR17-00, for any Use permitted as a Use Right, Accessory Use, or Use
by Special Review in the ommercial or Industrial Zone Distr. s (shop for light body work and
storage of parts along wi occasional outdoor painting of b pers and fenders, etc.), provided
that the property is not a of in an approved or recorded s. •division plat or part of a map or plan
filed prior to adoption • any regulations controlling subdivisions in the A (Agricultural) Zone
District, on the foil' 'ng escribed real estate, being m re particularly described as follows:
HEREAS,
Lot ' of Recorded Exemption, ; E-1137; being part
of t NE1/4 of Section 17, ownship 3 North,
Rang- 68 West of the 6th .M., Weld County,
Colora•
e applica as present, and
HEREAS, Section 23-2-230 f the Weld County Code provides standards for review of
said Us- Special eview Permit, a
WHE A the Board of C ty Commissioners heard all of the testimony and
nts oft e present, studied - request of the applicant and the recommendation of the
unty Plan g Commissio d all of the exhibits and evidence presented in this matter
ng been ful formed, fin ' . that this request shall be approved for the following reasons:
The sub ed m erials are in compliance with the application requirements of
Section 23-- 6' of the Weld County Code.
inion of the Board of County Commissioners that the applicant has
shown comnce with Section 23-2-230.B of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT (USR17-0010) - WILLIAM WORRELL, C/O BOOTH MOTORS, LLC
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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.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. There are several Conditions of
Approval attached, including limiting the number of employees,
requiring indoor storage, and limiting the amount of outdoor painting
to mitigate the impacts of the proposed use.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S allows for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial 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 as a
Use by Special Review Permit in the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent states, in part: "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 attached Conditions of Approval and Development Standards
(limiting the number of employees, not allowing outside storage,
requiring the applicant to address fire district requirements) will
adequately mitigate the impacts of the use.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is located approximately
1/4 mile to the north of a dairy facility (2nd AMUSR-686). Three (3)
single-family residences are located to the north of the site. A USR for
parking and maintenance of carnival equipment is located approximately
750 feet to the northeast of the site. No phone calls or correspondence has
been received from surrounding property owners in regard to this
application.
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 or master plans of affected
municipalities. The property is located within the boundary of the
Mead/Weld County Cooperative Planning Agreement (CPA) boundary.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The property is not within the Geologic
Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay
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SPECIAL REVIEW PERMIT (USR17-0010) - WILLIAM WORRELL, C/O BOOTH MOTORS, LLC
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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 property is delineated as "Other," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. There are existing
buildings and improvements on the property. No additional agricultural land
will be removed if this USR is approved.
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 William Worrell, do Booth Motors, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0010, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (shop for light body work and storage of parts along with occasional
outdoor painting of bumpers and fenders, etc.), 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. The applicant shall address the requirements of the Little Thompson Water
District, as stated in the referral response dated March 3, 2017. Written
evidence of such shall be provided to the Department of Planning Services.
B. The applicant shall address the requirements of the Mountain View Fire
Protection District, as stated in the referral response dated April 26, 2017.
Written evidence of such shall be provided to the Department of Planning
Services.
C The building to be utilized in conjunction with the business shall be
permitted for commercial use. A Change of Use Building Permit shall be
submitted for these buildings. A structural engineer shall provide a
structural assessment of each building based on the design criteria
adopted by Weld County.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0010.
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SPECIAL REVIEW PERMIT (USR17-0010) - WILLIAM WORRELL, CIO BOOTH MOTORS, LLC
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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 applicant shall show the drainage flow arrows.
6) Show the approved Municipality of Mead access on the site plan
and label with the approved access permit number, if applicable.
7) 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 plat 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.
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. 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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SPECIAL REVIEW PERMIT (USR17-0010) -WILLIAM WORRELL, C/O BOOTH MOTORS, LLC
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The above and foregoing Resolution
by the following vote on the 12th day of July,
ATTEST: ddeAdiv W .,! to.I,
Weld County Clerk to the Board
Attorney
Date of signature: -7/9/ Ii
was, on motion duly made and seconded, adopted
A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Julie A. Cozad, Chair
teve Moreno, Pro- em
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLIAM WORRELL, CIO BOOTH MOTORS, LLC
USR17-0010
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0010, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (shop for light body work and storage of parts
along with the occasional outdoor painting of bumpers and fenders), 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. There will be no painting of automobiles in the building.
4. Painting outside of the building will be limited to two (2) times per week. Painting can only
occur during business hours 8:00 a.m. — 4:00 p.m., Monday through Friday.
5. Hours of operation will be 8:00 a.m. — 4:00 p.m., Monday through Friday.
6. There will be no outside storage of parts or equipment.
7. There will be no outside storage of customer vehicles to be serviced/repaired.
8. There will be a total of two (2) employees (one full-time and one part-time).
9. The parking area on the site shall be maintained.
10. 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.
11. 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.
12. 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.
13. 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. This includes any paint emissions or overspray. The applicant shall operate in
accordance with Chapter 14, Article I of the Weld County Code.
14. 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.
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15. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-40 of the Weld County Code.
16. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
17. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the rules and regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
18. 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.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. 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.
23. 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.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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
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DEVELOPMENT STANDARDS (USR17-0010) - WILLIAM WORRELL, CIO BOOTH MOTORS,
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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.
26. 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.
27. 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.
28. 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.
29. 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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