HomeMy WebLinkAbout20170223.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0035, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (PARKING AND STORAGE OF CONSTRUCTION
VEHICLES, AND MATERIALS AND EQUIPMENT ALONG WITH OFFICES
ASSOCIATED WITH THE CONSTRUCTION COMPANY) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED PLAT OR PART OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT -
OTTO AND KAREN LUHRS
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 25th day of
January, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Otto and Karen Luhrs, 1672 CR 11, Erie CO 80516, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0035, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (parking and storage of construction vehicles, and materials and equipment along with
offices associated with the construction company) provided that the property is not a lot in an
approved or recorded 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 NW1/4 of Section 25, Township 1
North, Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, 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.
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.
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SPECIAL REVIEW PERMIT (USR16-0035) - OTTO AND KAREN LUHRS
PAGE 2
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." The proposed use is in an area that
can support this development, and the existing screening,
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. The
proposed use is adjacent to an existing gravel mine/batch plant
(USR-1341) to the south and USR-1702 (transmission facility) to
the north.
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 of the Weld County
Code allows for any Use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts
(parking and storage of construction vehicles, and materials and equipment
along with offices associated with the construction company) provided that
the property is not a lot in an approved or recorded 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. The site is adjacent to existing
industrial uses to the north and south. The proposed use is adjacent to an
existing gravel mine/batch plant (USR-1341) to the south and east and
USR-1702 (transmission facility) to the north. The nearest single family
residence is located approximately 360 feet to the south of the site. No
phone calls or correspondence has been received from surrounding
property owners in regards to this case. The site is compatible with the
surrounding area, given the proximity to existing industrial uses in the area.
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 areas of
the Town of Dacono, the Town of Erie, Adams County and the City and
County of Broomfield. No referral responses have been received from any
of these counties and municipalities.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not in a floodplain,
geological hazard area or airport overlay district. Building Permits issued
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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 7.4 acres delineated
as "Prime," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. The property is partly covered with existing buildings
and improvements and is not being farmed.
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 Otto and Karen Luhrs, for a Site Specific Development
Plan and Use by Special Review Permit, USR16-0035, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (parking
and storage of construction vehicles, and materials and equipment along with offices associated
with the construction company) provided that the property is not a lot in an approved or recorded
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 Central Weld County
Water District as stated in the comments dated October 3, 2016. Written
evidence of such shall be provided to the Department of Planning Services.
B. The application indicates the quonset building, barn/warehouse and
garage will be used by the business. Complete Change of Use Building
Permits shall be submitted to the Department of Building Inspection.
C. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0035.
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.
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5) Label employee parking.
6) The truck parking/storage area (in areas not already screened by
existing buildings) shall be screened from County Road 11 and
nearby residences to the south by either live landscaping and/or a
wooden, vinyl or metal fence.
7) 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."
8) Identify any on -site lighting locations (if applicable) on the plat.
9) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
10) Show and label the four (4) accesses as approved by the City and
County of Broomfield.
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 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.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of January, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CO,NTY, COLOI ADO
ATTEST: dd c jC,Zto;tA.
Weld County Clerk to the Board
BY
uty Clerk to the Board
APBR VED
ounty Attorney
Date of signature: Q O/15/i,
z
ai
A. Cozad, Chair / J
Steve Moreno, Pro -Tern
EXCUSED
Sean P. Conway
Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
OTTO AND KAREN LUHRS
USR16-0035
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0035, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (parking and storage of construction vehicles, and
materials and equipment along with offices associated with the construction company)
provided that the property is not a lot in an approved or recorded plat or part of a map or
plan filed prior to adoption of any regulations controlling subdivisions, 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. Hours of operation are 24 hours per day, 365 days per year.
4. The parking area on the site shall be maintained.
5. The landscaping/screening on the site shall be maintained.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
12. Any vehicle or equipment washing area 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.
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13. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors on -site for less than two (2) consecutive hours a
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.
14. Prior to utilizing the existing septic system, permitted as SP -0100558, for additional
business use, the 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.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. The historical flow patterns and runoff amounts on the site will be maintained.
20. Weld County is not responsible for the maintenance of on -site drainage related features.
21. 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.
22. 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.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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24. 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.
25. 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.
26. 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.
27. 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.
28. 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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