HomeMy WebLinkAbout20162573.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0020, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (STORAGE AND FABRICATION OF MATERIALS,
INCLUDING STEEL PIPE) 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
HEATHER YOUNG
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 31st day of
August, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Matthew and Heather Young, 10813 CR 14.5, Fort Lupton, CO 80621, for a Site
Specific Development Plan and Use by Special Review Permit, USR16-0020, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (storage and fabrication of materials, including steel pipe) 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 -4003; being part
of the E1/2 NE1/4 of Section 23, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it appropriate to continue the matter to
September 14, 2016, to allow the applicant to be present, and
WHEREAS, on September 14, 2016, at said hearing, the applicant was present and
represented by William Hughes, Winters, Hellerich and Hughes, 5401 W. 10th Street, Suite 201,
Greeley, CO 80634, 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.
CC- PL, I -Ii., %v, AppI, M M
ID -11-10
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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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural/and to non urban 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."Per the application, the 20 -acre dryland
parcel is quite sandy and cannot be used for farming purposes.
Additionally, the surrounding adjacent dryland properties are not
being farmed due to the poor soil in the area. The property is located
at least three (3) miles east of the Town of Platteville and outside of
the current Intergovernmental Agreement (IGA) Area. Access to the
property is from County Road (CR) 32, a paved road, then heading
south on CR 35, an unmaintained County right-of-way. There are
two (2) residences that utilize CR 35 south of CR 32. The
Conditions of Approval and 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, (storage and fabrication of
materials, including steel pipe), 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 with limited residential
development. Staff has not received any inquiries from surrounding
property owners concerning this land use application. The Conditions of
Approval require screening of the outdoor storage and the Development
Standards will address the on -site lighting.
D. Section 23-2-2303.4 -- 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 not located within the three (3) mile referral area
of a municipality.
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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. The site is within the County -Wide Road Impact Fee Area
and the Capital Expansion Impact Fee areas. 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 20 acres of "Other"
lands, per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. The property historically has been in pasture; however,
at the time of this land use application, there is no irrigation water
associated with the property
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 Heather Young, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0020, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (storage and fabrication of materials, including steel pipe) 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:
A. The map shall be amended to delineate the following:
1) All sheets of the Map shall be labeled USR16-0020.
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.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The lighting shall be shown on the map in accordance with
Section 23-3-250.B.6 of the Weld County Code.
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6) County Road 32 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.
7) County Road 35 Section Line is shown to have 60 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
8) Show and label the section line right-of-way as "CR 35 Section Line
Right of Way, not County maintained."
9) Show and label the approved access(es) (AP16-00272), and the
appropriate turning radii.
10) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
11) Show and label the employee parking spaces with wheel stops on
the map. Identify parking areas for the company trucks, trailers, pipe
racks and equipment.
12) The applicant shall show the drainage flow arrows.
13) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
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,
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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 orArcGIS
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of September, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dye �Clfto%�
Weld County Clerk to the Board
BY::r e&e.. cv•
AP
Clerk to the Board
unty Attorney
Date of signature: (D t S( teo
Mike Freeman, Chair
Sean P. Con
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MATTHEW AND HEATHER YOUNG
USR16-0020
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0020, 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 and fabrication of materials including
steel pipe), 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 daylight hours, Monday — Saturday.
4. 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.
5. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
7. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
8. The historical flow patterns and run-off amounts on the site will be maintained.
9. The number of employees shall be restricted to four (4).
10. 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.
11. 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.
12. Weld County is not responsible for the maintenance of on -site drainage related features.
13. 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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14. 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.
15. 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.
16. 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.
17. 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.
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For two (2) or less full-time (40 -hour week) employees located 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.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. 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.
23. 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
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
24. 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.
25. 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
26. 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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