HomeMy WebLinkAbout20162122.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0011, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (METAL FABRICATION SHOP AND
BLACKSMITHING SHOP), 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 - WONDER DOG
PROPERTIES, LLC, C/O ENYART FORGE AND FABRICATION
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 13th day of
July. 2016, at the hour of 10.00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Wonder Dog Properties, LLC. 10803 W 100th Drive. Westminster, CO 80021.
c/o Enyart Forge and Fabrication, 1790 CR 23. Fort Lupton, CO 80621, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0011, for any Use permitted as a
Use by Right. Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (metal fabrication shop and blacksmithing shop), 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, RECX14-0046: being
part of the NW1/4 of Section 25, Township 1 North,
Range 67 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
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 located on a small
parcel (2.61 acres) not conducive to larger scale farming and
Agricultural uses. The proposed use will be located within a building
and the applicant is proposing a separate access off of County
Road (CR) 23 so that traffic associated with this facility is not
sharing the existing access with the property and residence to the
south.
2) 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." Conditions of Approval and
Development Standards are attached. including screening and
noise limits, to reduce impacts on adjacent residences and uses in
the area.
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 a
Use by Special Review in the Commercial or Industrial Zone Districts,
(Metal Fabrication and Blacksmith shop), 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 proposed building and
circulation area are located approximately 240-200 feet from the nearest
residence to the south and is approximately 450 feet from a residence
located to the west (across CR 23). One (1) letter of concern/objection,
dated May 2, 2016, from the nearest residential property listing a number
of concerns is included for the record as PC Exhibit #1, with the applicant's
response letter to follow. The applicant has been granted a separate Well
Permit for commercial use under Permit number. AP -79876-F. The
applicant will not be sharing the existing well for this proposed commercial
use. Septic systems cannot be utilized for disposal of wastes and
chemicals. Additionally. there is a Development Standard attached
requiring any wastes to be disposed of in a manner that protects against
surface and groundwater contamination. A noise standard is attached that
requires the applicant to stay within the commercial noise limits of the Weld
County Code. Commercial noise limits require that noise cannot exceed 60
Decibels 25 -feet from the property line.
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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 Fort Lupton. the City of Brighton. and Adams County. The site
is also located within the Cooperative Planning Area, Intergovernmental
Agreement (IGA) boundary between the Town of Fort Lupton and Weld
County. No referral response has been received from the Town of Fort
Lupton. the City of Brighton or Adams County.
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.
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 2.61 acres
delineated as "Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The parcel is not being farmed and the
south portion of the parcel is already covered with existing improvements.
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 Wonder Dog Properties, LLC; c/o Enyart Forge and
Fabrication, for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0011, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (metal fabrication shop and blacksmithing shop),
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:
Prior to recording the plat:
A. The applicant shall attempt to address the comments of the Brighton Fire
Rescue District, as stated in the referral response dated April 13, 2016.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
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The applicant intends to construct a bridge across the Brighton Ditch per
Access Permit, AP16-00075, along the north side of the property for the
proposed business. The applicant shall provide written evidence from the
Brighton Ditch of a Ditch Crossing Agreement or other form of permission
authorizing crossing of the ditch.
The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0011.
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) CR 23 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road. which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate on the site
plan the existing right-of-way. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County.
6) Show and label the approved access point, (AP16-00075). and the
appropriate turning radii.
7) The applicant shall install the approved tracking control when there
are more than 20 round trips to the facility.
8) Delineate the screening. All parking and staging areas shall be
screened from the property to the south by either an opaque fence
or by live plant material or a combination of opaque fencing and
landscaping that will serve to adequately screen the area.
9) Delineate the lighting.
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) Show and label all recorded easements on the map by book and
page number. or reception number and date, on the site plan.
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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 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. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access shall be constructed prior to on -site construction.
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 13th day of July, A.D.. 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST:Wsdriwt) agic ex:14.4;Ok.
Weld County Clerk to the Board
BY /OL2eAC 0-)
liaeiaty Clerk to the Board
• ,P15D
County Attorney
Date of signature: -7! D1 I QO G
Mike Freeman, Chair
bara Kirkmeyer
.ems nteneWter
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WONDER DOG PROPERTIES, LLC, C/O ENYART FORGE AND FABRICATION
USR16-0011
The Site Specific Development Plan and Use by Special Review Permit, USR16-0011, is
for any use permitted as a Use by Right. Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (metal fabrication shop and blacksmithing shop),
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 maximum number of on -site employees shall be 10.
4. The metal fabrication and blacksmithing shop shall utilize the access approved under
Access Permit Number. AP16-00075. No other access shall be utilized with this USR.
5. 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.
6. The screening on the site shall be maintained.
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. 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
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Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
15. Processed wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. The property owner or operator shall be responsible for controlling noxious weeds on the
site. pursuant to Chapter 15. Article I and II. of the Weld County Code.
19. The applicant shall install the approved tracking control when there are more than 20
round trips to the facility.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. 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.
24. 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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25. 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.
26. 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.
27. 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.
28. 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.
29. 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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