HomeMy WebLinkAbout20172142.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0017, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN COMMERCIAL AND
INDUSTRIAL ZONE DISTRICTS (AN OUTDOOR RV, BOAT, VEHICLE STORAGE
FACILITY ALONG WITH AN OFFICE AND DUMP STATION), 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 -
SURPRISE PROPERTY DEVELOPMENT, LLC
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 2nd 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 Surprise Property Development, LLC, 2451 S. Xenon Way, Lakewood, CO
80228, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0017,
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in Commercial
and Industrial Zone Districts (an outdoor RV, boat, vehicle storage facility along with an office and
dump station), 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:
Part of the S1/2 NE1/4 of Section 22, Township 1
North, Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, 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.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 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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1) 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."
2) 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.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." 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."
3) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development."
4) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." The proposed use is adjacent
to a USR to the south (USR-1315) and is located within 1/3 mile of
the intersection at County Road 6 and 1-25 and is located directly to
the west of the West 1-25 Frontage Road. The proposed use is in
an area that can support this development and the required
screening, the 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.
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 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 (an outdoor RV, boat, vehicle
storage facility along with an office and dump station) 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. The proposed use is located directly to the west of the West
1-25 Frontage Road and is very similar to Uses allowed as a Use by Right
in the C-3 (Business Commercial), such as COMMERCIAL or private
PARKING LOTS because the intent of the proposed facility is to provide a
service to the general public and park RV and boats, not to be used for
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dwelling; and the C-4 (Highway Commercial) Zone Districts. The proposed
use is also in an area that can support this development and the required
screening, the 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.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed use is located in
close proximity to the Interstate 25 and County Road 6 intersection. The
site accesses directly onto the West 1-25 Frontage Road. Two single-family
residences are located immediately to the south of the site. The attached
Conditions of Approval (landscaping/screening requirements) and
Development Standards (not allowing derelict and commercial vehicles)
will adequately mitigate the impacts of the use from existing 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 site is located within the three (3) mile referral area of
the Towns of Erie and Frederick, the Cities of Dacono, Northglenn, and
Broomfield, and the Counties of Adams and Broomfield.
The City of Dacono, Town of Frederick and City of Northglenn indicated no
conflicts.
The Town of Erie, in their referral dated April 11, 2017, indicated that the
proposed use does not comply with the zoning designation (B -Business)
outlined in their 2015 Comprehensive Plan. Erie requests that conditions
be added requiring the applicant to adhere to the landscape and non-
residential screening and buffering requirements delineated in the Town of
Erie Municipal Code.
No referral response has been received from the, Adams County or the
City and County of Broomfield.
A Screening Plan is required to be submitted, approved and shown on the
USR map as a Condition of Approval of this case.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is located within
the Geologic Hazard Overlay District. The Colorado Geological Survey, in
the referral response dated, June 12, 2017, indicated no concerns but
recommended proposed future structures be located in the northeastern
(low subsidence) area of the site. It is not located in a Special Flood Hazard
Area or the Airport Overlay District. Building Permits issued on the lot will
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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 33.97 acres
delineated as "Prime (Irrigated)," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The site is located adjacent to
1-25 and is adjacent to a USR to the south. The location of the property (in
proximity to 1-25 and other municipalities and uses makes it an appropriate
location for a commercial use.
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 Surprise Property Development, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0017, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in Commercial and Industrial Zone
Districts (an outdoor RV, boat, vehicle storage facility along with an office and dump station),
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. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. The applicant shall attempt to address the requirements of the Mountain
View Fire Protection District, as stated in the referral response dated
April 5, 2017. Written evidence of such shall be provided to the Department
of Planning Services.
C. The applicant shall attempt to address the requirements of the Farmers
Reservoir and Irrigation Company. Written evidence of such shall be
provided to the Department of Planning Services.
D. The applicant shall submit a Landscaping/Screening Plan for the facility,
for review and approval by the Department of Planning Services. The
facility shall be enclosed by an opaque fence (either wood, vinyl or metal)
or a combination of an opaque fence or landscaping.
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E. The applicant shall attempt to address the conditions of the Town of Erie,
as stated in the referral dated April 11, 2017. Written evidence of such shall
be provided to the Department of Planning Services.
F. All projects occurring in a Geologic Hazard Area, as delineated by the
Colorado Geological Survey, shall comply with Overlay District
requirements of Chapter 23, Article V, Division 2 of the Weld County Code.
A Geological Hazard Development Permit is required.
G. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0017.
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 lighting.
6) All approved signs shall be shown on the map in accordance with
the requirements of the C-4 (Highway Commercial) Zone District.
7) Show the approved Colorado Department of Transportation
(CDOT) access(es) on the site plan and label with the approved
access permit number, if applicable.
8) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
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) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
11) The approved landscape/screening.
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,
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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 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 2nd day of August, A.D., 2017.
ATTEST: ddrift.41 G uCldo•ok,
Weld County Clerk to the Board
BY. c . R
y Clerk to the Board
APPROVED AS
ounty Attorney
Date of signature: G (Ca( (1
BOARD OF COUNTY COMMISSIONERS
WELD COUNAY, COLOR P O
Julie TCozad, Chair
EXCUSED
can P. Conway
rbara Kirkmeyer
Steve Moreno, Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SURPRISE PROPERTY DEVELOPMENT, LLC
USR17-0017
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0012, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review, in
the Commercial or Industrial Zone Districts (an outdoor RV, boat, vehicle storage facility
along with an office and dump station), 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 24 -hours a day / 7 -days a week.
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 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 as applicable in the Commercial Zone Districts.
11. The landscaping/screening on the site shall be maintained.
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.
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
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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 Industrial
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. 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.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. This property lies within a known Geologic Hazard Area as defined by the Colorado
Geological Survey. Future development may require a Geological Hazard Development
Permit.
25. 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.
26. 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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LLC
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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.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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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