HomeMy WebLinkAbout20171210.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0009, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (COVERED AND UNCOVERED STORAGE OF RVS, TRAILERS AND
AUTOMOBILES ALONG WITH INDOOR MINI -STORAGE) 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 -
RICHARD AND BETTY ROOS, SR.
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 17th day of
May, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Richard and Betty Roos, Sr., 3525 Colorado Boulevard, Dacono, Colorado
80544, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0009,
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (covered and uncovered storage of RVs, trailers and
automobiles along with indoor mini -storage) 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 B of the Recorded Exemption RE -3855; being
part of the S1/2 SE1/4 of Section 20 Township 1
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and the Board deemed it
appropriate to continue the matter to May 31, 2017, to allow for all five (5) Commissioners to be
present, and
WHEREAS, on May 31, 2017, 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.
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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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect. D.
Section 22-2-20.D (A.Goal 4) states: Promote a quality environment which
is free of derelict vehicles, refuse, litter and other unsightly materials.
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."
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
applicant indicates that a screening fence and landscaping will be
constructed along the east property line of the facility, also, landscaping will
be constructed along County Road 6 and County Road 17. The proposed
use is in an area that can support this development and the existing
screening, the Conditions of Approval and the Development Standards, will
assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.S and M, allows for a
Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, Accessory Use, or Use By Special
Review in the Commercial or Industrial Zone Districts (covered and
uncovered storage of RVs, trailers and automobiles along with indoor mini
storage) provided that the property is not a lot in an approved or recorded
subdivision plat or of a map or plan filed prior to adoption of any regulations
controlling subdivisions.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The property borders four (4)
single-family residences to the east (across County Road 17) and is
adjacent to a single-family residence and a kennel facility (for up to 150
dogs and 40 cats — approved under USR-1241) to the south. A
single-family residence is also located on the property to the west.
Cropland is located to the south.
D. Section 23-2-230.6.4 -- 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 Town of Dacono and the City of Northglenn. No referral response has
been received from either of the municipalities.
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E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
be required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 67.2 acres
delineated as "Prime (Irrigated)" and "Irrigated Land (Not Prime)," per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
Approximately 40 acres of "Prime (irrigated)" land will be taken out of
production under this USR.
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 Richard and Betty Roos, Sr., for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0009, for Use permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(covered and uncovered storage of RVs, trailers and automobiles along with indoor mini -storage)
provided that the property is not a lot in an approved or recorded subdivision plat or part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Mountain View Fire
Rescue District, as stated in the referral response dated February 28, 2017.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The applicant shall submit a Landscaping/Berming/Screening Plan with
input from surrounding property owners.
D. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0009.
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2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the landscaping and wooden privacy
fencing.
6) The map shall delineate the 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) County Road 17 is a gravel road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained
by Weld County.
9) County Road 6 is a paved road and is designated on the Weld
County Road Classification Plan 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. All setbacks
shall be measured from the edge of future right-of-way. This road
is maintained by Weld County.
10) Show and label the approved access (AP17-00140), and the
appropriate turning radii on the site plan.
11) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
12) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
13) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area" and shall include the
calculated volume.
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14) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
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.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012,
should the plat not be recorded within the required one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. The Department of Planning Services respectfully requests a digital copy of this Use by
Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp,
.shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS
1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet).... etc.). This
digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required.
6. The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder or the applicant has been
approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of May, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLO DO
ATTEST: d‘titet) ..1440
Weld County Clerk to the Board
BY:
APP
y Clerk to the Board
ouny'torney
Date of signature: OCc(8 0l
Julie A. ozad, Cha
Sean P. Conway
Barbara Kirkmey
Steve Moreno, Pro-Tem
C
(AYE)
(AYE)
(AYE)
(AYE)
(NAY)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD AND BETTY ROOS, SR.
USR17-0009
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0009, is
for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (covered and uncovered storage of RVs, trailers
and automobiles along with indoor mini storage), provided that the property is not a Lot in
an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of full-time, on -site employees shall be limited to two (2).
4. The hours of operation are 6:00 a.m. — 10:00 p.m., seven (7) days a week. Access to the
site outside of these hours shall be by appointment only, with eight (8) hours advance
notice.
5. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be
stored on the site.
6. All vehicles located within the RV storage area must be operational with current license
plates and tags.
7. There shall be no outside storage of industrial and/or commercial vehicles, equipment or
materials.
8. No hazardous materials shall be stored the on the site.
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. The landscaping/screening on the site shall be maintained according to the approved
Landscaping/Screening/Berming Plan.
12. 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.
13. 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.
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14. 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.
15. 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.
16. 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.
17. 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 (OWTS). A
permanent, adequate water supply shall be provided for drinking and sanitary purposes.
18. RV dump stations shall be connected to an appropriately engineer designed individual
sewage disposal system which complies with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems.
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
20. 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.
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. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
25. The historical flow patterns and runoff amounts on the site will be maintained.
26. Weld County is not responsible for the maintenance of on -site drainage related features.
27. 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
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public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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.
34. 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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