HomeMy WebLinkAbout20161164 RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0001 , FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE , OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS ( RV, BOAT, CAMPER AND PERSONAL 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 - MG WOODWARD LIVING TRUST, C/O MARK
AND GLENDA WOODWARD
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 6th day of
April , 2016 . at the hour of 10 : 00 a. m . , in the Chambers of the Board . for the purpose of hearing
the application of MG Woodward Living Trust, c/o Mark and Glenda Woodward , 19886 CR 8 ,
Hudson , CO 80642-9031 , for a Site Specific Development Plan and Use by Special Review
Permit, USR16-0001 , for any Use permitted as a Use by Right, Accessory Use , or Use by Special
Review in the Commercial or Industrial Zone Districts ( RV. boat. camper and personal 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 A of Recorded Exemption , RE-2942 : being part
of the NE 1 /4 of Section 20 , Township 1 North ,
Range 65 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 :
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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.
PE ) 11-ppt , Ref
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1 ) 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. "
2) 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 application materials state that
approximately 3 . 8 acres of the 6 . 1 acre site will be utilized as
outdoor storage for RVs, boat, campers, and personal vehicles .
The hours of operation are proposed to be 7 : 00 a . m . to 9 : 00 p. m .
Monday through Sunday. No new structures are proposed for the
site . The applicant has stated that the site will be surrounded by a
chain link fence and they request that the fence not be opaque to
allow for visual monitoring . No vegetation is proposed . the
landscaping will consist of boulders and other xeriscaping materials
including decorative rock. Staff is recommending screening of the
RV storage area from public rights-of-way and surrounding property
owners .
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 which allows for a Site
Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use , or a Use By Special
Review in the Commercial or Industrial Zone Districts (RV, boat, camper,
and personal 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.
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 located adjacent to the
Town of Hudson's corporate limits and outside of their Intergovernmental
Agreement ( IGA) boundary. The surrounding property uses are rural
residential and an RV storage facility to the east of the site (across CR 41
in the Town of Hudson . ) There are residences to the north . south . east and
west of the site. The property to the west is owned by the same property
owner and the closest residence is to the east approximately 150 feet east
of the east property line. The residence to the south is approximately 170
feet south of the south property line . There are six (6) USRs within one mile
of the site . SUP-354 for a gravel pit is located northeast of the site .
USR- 1121 for an accessory structure, USR-696 for a horse training and
boarding facility, and USR- 1404 for a single-family dwelling are located
west of the site. USR- 1589 for a home business to build portable livestock
shelters and USR-538 for gravel mining are both located southeast of the
site . The Weld County Department of Planning Services has received one
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SPECIAL REVIEW PERMIT ( USR16-0001 ) - MG WOODWARD LIVING TRUST CIO MARK AND
GLENDA WOODWARD
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email from the owner of the RV storage facility in Hudson with questions
about fire protection , access , parking , and the emergency exit. The minimal
lighting proposed for the site along with the Conditions of Approval and the
Development Standards will assist in mitigating the impacts of the facility
on the adjacent properties .
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 Town of Hudson which submitted comments for consideration in the
referral response dated . February 11 , 2016. Per staff direction . the
applicant intends to install culverts at the three access points . The Access
Permit was processed by Weld County and the Development Standards
state that no derelict vehicles shall be stored on the site.
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 Fee and Drainage Impact Fee Programs . The site is
not in a floodplain .
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 0 . 3 acres of soils
designated as " Prime ( Irrigated) , " approximately 1 . 8 acres of soils
designated as " Irrigated Land ( Not Prime) . " and approximately 4 acres
designated as "Other. " per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The USR will take about 0. 3 acres of
" Prime ( Irrigated)" farmland out of production however the property is in an
urbanized area and too small to farm .
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 MG Woodward Living Trust, c/o Mark and Glenda
Woodward , for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0001 . for any Use permitted as a Use by Right, Accessory Use , or Use by Special Review
in the Commercial or Industrial Zone Districts ( RV, boat, camper and personal 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)
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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:
A. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required indicating compliance with Weld County Drainage Code .
B . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR16-0001 .
2) The attached Development Standards .
3) The map shall be prepared per Section 23-2-260 . D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas .
Section 23-3-350 . H of the Weld County Code addresses the issue
of trash collection areas .
5) All signs shall be shown 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) The map shall delineate the lighting .
7) County Road (CR) 8 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
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.
8) Show the approved accesses and label as residential or
commercial and with the approved Access Permit number
(AP16-00030) .
9) Show and label the approved tracking control.
10) 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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2 . Upon completion of Condition of Approval #1 above . the applicant shall submit one
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( 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
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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 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. The approved access and tracking control shall be constructed prior to on-
site construction .
B . 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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SPECIAL REVIEW PERMIT ( USR16-0001 ) - MG WOODWARD LIVING TRUST CIO MARK AND
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The above and foregoing Resolution was , on motion duly made and seconded . adopted
by the following vote on the 6th day of April . A. D . . 2016.
BOARD OF COUNTY COMMISSIONERS
(( WELD COUNTY . COLORADO
9eidCIC
ATTEST: .-��a e1� .. ad, -
Mike Freeman . Chair
Weld County Clerk to he Board
)
Sean P. C nway. Pro-Tem
BY: p Yk •
De put Clerk to the Board
u ie A. Cozad
APP D AS • IE � � \,/ • 7
= . a : . ra Kirkmeyer
yve ounty Attorney
/ •�,,,. Moreno
Date of signature: A"/// q// 42
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MGWOODWARD LIVING TRUST, C/O MARK AND GLENDA WOODWARD
USR16-0001
1 . The Site Specific Development Plan and Use by Special Review Permit, USR16-0001 , is
for any Use permitted as a Use by Right, an Accessory Use . or a Use by Special Review
in the Commercial or Industrial Zone Districts ( RV. boat. camper. and personal 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 . There may be up to two (2 ) on-site employees.
4. No derelict vehicles . as defined in Section 23- 1 -90 of the Weld County Code. shall be
stored on the site .
5. All vehicles stored in the RV storage area must be operational with current license plates
and tags .
6. There shall be no outside storage of industrial and/or commercial vehicles . equipment or
materials .
7 . No hazardous materials shall be stored on-site.
8. 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 .
9 . The property owner shall control noxious weeds on the site .
10 . The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or off-site tracking .
11 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be
utilized .
12 . The historical flow patterns and runoff amounts on the site will be maintained .
13 . Weld County is not responsible for the maintenance of on-site drainage related features.
14. 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 .
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15. 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 .
16 . Waste materials shall be handled . stored , and disposed of in a manner e 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 .
17 . 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 .
18 . The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone . as delineated in Section 25- 12- 103 . C . R . S .
19. Adequate drinking . handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times . Portable toilets and bottled water are acceptable for 10
or less customers or visitors per day and/or two (2) or less full time (40 hour week)
employees on-site . 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 . Sources of rays light shall be shielded so that light will not shine directly onto adjacent
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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 .
22 . A building permit may be required , per Section 29-3- 10 of the Weld County Code .
Currently the following has been adopted by Weld County: 2012 International Codes; 2006
International Energy Code ; 2014 National Electrical Code : A building permit application
must be completed and two 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 registered State of Colorado 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 .
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
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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 areprotected property rights and mineral owners should be afforded the
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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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