HomeMy WebLinkAbout20173801.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0041, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (STORAGE, MAINTENANCE AND REPAIR OF
EXCAVATION EQUIPMENT) 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 - MATTHEW AND
CARRIE CARROLL, DBA CARROLL EXCAVATION AND REPAIR, INC.
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 22nd day
of November, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Matthew and Carrie Carroll, dba Carroll Excavation and Repair, Inc.,
38754 CR 65, Galeton, CO 80622, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0041, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (storage, maintenance and repair
of excavation equipment) 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:
Being part of the NW1/4 of Section 24, Township 7
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board of County Commissioners heard all of the
testimony and statements of those present, and reviewed the recommendation of the Weld
County Planning Staff, and deemed it appropriate to continue the matter to December 20, 2017,
at 10:00 a.m., due to a scheduling conflict, and
WHEREAS, on December 20, 2017, at said hearing, the applicants were 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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SPECIAL REVIEW PERMIT (USR17-0041) - MATTHEW AND CARRIE CARROLL, DBA
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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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable." The property is located within
the current Intergovernmental Agreement Area for the Town of Ault.
The Town, in the Notice of Inquiry undated referral response stated,
"No conflicts with the Town of Ault."
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural/and 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 land that Carroll Excavation and
Repair, Inc., is proposing to utilize is located on non -irrigated
agricultural land within one-half mile of the Town of Ault. The
proposed construction business is located near the U.S. Highway
85 corridor. There are two (2) residences located adjacent to the
property, one to the east and one to the west. To the north are
irrigated agricultural lands and south across the Eaton Ditch are
irrigated agricultural lands. Planning staff is requiring screening for
the outdoor storage component associated with this use.
Conditions of Approval and the Development Standards associated
with this facility will ensure that the proposed use is compatible with
the vicinity and region.
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 provides 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 in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding land uses are
predominately large tract agricultural properties to the north of County
Road (CR) 80 and to the south of the Eaton Ditch, south of CR 80. Smaller
agricultural zoned lands with residences are located to the east and west
and the Eaton Ditch borders the property to the south. Staff has received
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several inquiries from surrounding property owners, and one open records
request concerning this land use application. The Conditions of Approval
require a Final Drainage Report and Certification of Compliance stamped
and signed by a Professional Engineer registered in the State of Colorado;
screening of the outdoor storage and the Development Standards will
address the on -site lighting.
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 Ault. As previously stated, the Town had no conflicts with the
proposal.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The property is not within the Geologic
Hazard Overlay District, the Flood Hazard Overlay District 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 facility is located on approximately 2.91 acres of "Prime
farmland," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. The property historically has had a residence that was
destroyed by fire and the metal skinned storage building.
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 Matthew and Carrie Carroll, dba Carroll Excavation and
Repair, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0041, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (storage, maintenance and repair of excavation
equipment) 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:
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SPECIAL REVIEW PERMIT (USR17-0041) - MATTHEW AND CARRIE CARROLL, DBA
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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. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance including, but not limited
to, dust control and damage repair will be required.
C. The map shall be amended to delineate the following:
1) All sheets of the Map shall be labeled USR17-0041.
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 the trash collection areas.
5) The proposed on -site lighting shall be shown on the map in
accordance with Section 23-3-250.B.6 of the Weld County Code.
6) County Road 80 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 map the future and existing right-of-way. If the existing right
of way cannot be verified it shall be dedicated. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
7) Show and label the approved access locations, and the appropriate
turning radii (60') on the site plan.
8) 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.
9) 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.
10) Identify the parking and storage areas.
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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 (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 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.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB).. The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). 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 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of December, A.D., 2017.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLO DO
dith,v adtz.:„k.
Julie A. Cozad, Chair
Weld County Clerk to the Board
BY:
Deputy Cler
APP
ounty Attorney
Date of signature:
Steve Moreno, Pro-Tem
EXCUSED
Sean P. Conway
Mike Freeman
rrbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MATTHEW AND CARRIE CARROLL,
DBA CARROLL EXCAVATION AND REPAIR, INC.
USR17-0041
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0041, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (storage, maintenance and repair of excavation
equipment) 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 (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 existing parking area on the site shall be maintained.
4. The number of employees shall be limited to ten (10).
5. 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.
6. 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.
7 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.
8. 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.
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Non -Specified Zone District, as delineated in Section 25-12-103, C.R.S.
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For employees or contractors on -site for less than two
(2) consecutive hours a day, 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
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Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers.
12. Any septic system or holding tank located on the property must comply with all provisions
of the Weld County Code, pertaining to On -site Wastewater Treatment Systems.
13. In the event the applicant intends to utilize the existing septic system at the home, for
business use, the septic system shall be reviewed by a Colorado registered professional
engineer. The review shall consist of observation of the system and a technical review
describing the system's ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately
sized or constructed, the system shall be brought into compliance with current regulations.
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
15. 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.
16. 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
19. 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.
20. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
22. The historical flow patterns and runoff amounts will be maintained on the site.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. 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,
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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.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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 (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
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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