HomeMy WebLinkAbout20173614.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0039, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OUTDOOR RECREATIONAL VEHICLE 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 - SHARON MCDONALD TRUST, C/O DAVID GORACKE
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 15th 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 Sharon McDonald Trust, 6150 Dover Street, Arvada, CO 80004, c/o
David Goracke, 2105 Baguette Drive, Castle Rock, CO 80108, for a Site Specific Development
Plan and Use by Special Review Permit, USR17-0039, for any Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (outdoor
Recreational Vehicle 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 Recorded Exemption, RECX17-0105;
located in the E1/2 W1/2 SW1/4 of Section 25,
Township 2 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.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
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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." And, 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
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 required to be screened and meet the Dacono,
Firestone and Frederick Uniform Baseline Standards in regard to
screening and landscaping.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. 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 (outdoor
Recreational Vehicle 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.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed facility is adjacent
to approximately ten (10) residential lots zoned A (Agricultural) and created
through the Recorded Exemption process. Undeveloped parcels are
located immediately to the east and south of the property. A platted
subdivision (not yet built out) located within the town limits of Frederick is
located approximately 650 feet to the east of the site. The Town of
Frederick has annexed one (1) parcel to the west of the site and the parcel
to the south of the site. Conditions of Approval and Development Standards
regarding screening and lighting will address potential impacts and make
the use compatible with the surrounding area. No letters, phone calls or
correspondence have been received from surrounding property owners
regarding this USR request.
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 Frederick, Firestone and Erie, and the City of Dacono. The
property is located within the Intergovernmental Agreement/Cooperative
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Planning Area boundary for the Town of Frederick. The Town of Frederick
indicated in an e-mail dated August 8, 2017, they had discussed the
proposal with the applicant and were foregoing their ability to require
annexation as RV and Boat storage is not allowed in the Town of Frederick.
The Town of Frederick in the referral comments, dated August 8, 2017, has
requested that the proposed facility provide a paved access from Tipple
Parkway (County Road 16) to reduce mud and dirt tracking from the project
onto the road. Additionally, the Town of Frederick had requested the right
to require turn lanes to and from the site if the need arises based on safety
concerns. The development will be required to adhere to the Dacono,
Firestone and Frederick Uniform Baseline Standards in regard to
landscaping, screening, and lighting. The City of Dacono and the Town of
Firestone indicated no conflicts of interests in the referral responses dated
August 11, 2017, and August 5, 2017, respectively. No referral response
has been received from the Town of Erie.
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 not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area 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 23-2-230.6.6 -- 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 40 acres delineated
as "Prime if Irrigated" and "High Potential Dry Cropland," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The site
is not in crop production. Existing oil and gas wells are on -site and Phase I
of the proposed facility is already enclosed by a metal fence on three (3)
sides.
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 Sharon McDonald Trust, c/o David Goracke, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0039, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (outdoor Recreational Vehicle 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:
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1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the
Frederick -Firestone Fire Protection District, as stated in the referral
response dated August 9, 2017. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
B. The applicant shall attempt to address the requirements of the Longmont
Conservation District, as stated in the referral response dated August 8,
2017. Written evidence of such shall be submitted to the Department of
Planning Services.
C. The applicant shall address the requirements of the Town of Frederick, as
stated in the referral response dated August 8, 2017. Written evidence of
such shall be submitted to the Weld County Department of Planning
Services.
D. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
E. A Lighting Plan shall be provided to the Department of Planning Services
for review and approval. The Lighting Plan shall adhere to the lighting
requirements for off-street parking spaces per Section 23-4-30.E of the
Weld County Code and shall adhere to the lighting standards, in
accordance with Section 23-3-360.F and Section 23-2-250.D of the Weld
County Code. Further, the approved Lighting Plan shall be delineated on
the plat.
F. A landscape and screening plan shall be submitted for review and approval
by the Department of Planning Services. The plan shall adhere to the
Dacono, Firestone and Frederick Uniform Baseline Standards for all site
development plans, pursuant to Chapter 19, Article III, of the Weld County
Code.
G. A letter requesting the vacation of USR-443 (airport, hangar and sky -diving
school) and USR-537 (amending development standard #6 of USR-443)
shall be submitted to the Department of Planning Services.
H. The applicant shall apply for a building permit to change the use of the
existing hangar building.
I. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0039.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall adhere to the Dacono, Firestone and Frederick
Uniform Baseline Standards for all site development plans,
pursuant to Chapter 19, Article III, of the Weld County Code.
5) 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.
6) The approved Screening Plan shall be delineated.
7) The map shall delineate the lighting.
8) 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.
9) The map shall delineate the parking area for the vendors,
customers and/or employees.
10) Show the approved Town of Frederick access(es) on the site plan
and label with the approved Access Permit number, if applicable.
11) County Road 16 (Tipple Parkway) has been annexed by the Town
of Frederick. The applicant shall verify the right-of-way and
delineate the right-of-way on the site plan. All setbacks shall be
measured from the edge of the right-of-way.
12) 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.
13) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
14) 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 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
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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 15th day of November, A.D., 2017.
ATTEST: dot/44i Cam • K�1,
Weld County Clerk to the Board
BY:
De
AP
County A ttorney
Date of signature: t'/5tt'7
BOARD OF COUNTY COMMISSIONERS
WELD CONTY, COLORADO
Cozad, Chair
Steve Moreno, Pro -Tern
Sean P. Conway
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHARON MCDONALD TRUST,
C/O DAVID GORACKE
USR17-0039
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0039, is
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (outdoor Recreational Vehicle 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 hours of operation are 24 hours a day, seven days a week.
4. The number of on -site employees shall be five (5) full-time employees during summer
months and one (1) part-time employee during other times of the year.
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. The parking area on the site shall be maintained.
9. 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.
10. The landscaping/screening on the site shall be maintained.
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. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
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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.
15. 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.
16. 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.
17. In the event the applicant intends to utilize the existing septic system for business use,
permitted as G19850226, 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.
18. RV dump stations shall be connected to an appropriately engineer designed On -site
Wastewater Treatment System (OWTS) 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. 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.
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25. 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.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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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