HomeMy WebLinkAbout20160240.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0054, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SHOP BUILDING, ALONG WITH VEHICLE AND
EQUIPMENT PARKING AND MAINTENANCE ASSOCIATED WITH AN EXCAVATION
BUSINESS) 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 - NEVIN BYLER, KAREN BYLER, AND
JALYNN BYLER
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
January, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Nevin Byler, Karen Byler, and Jalynn Byler, 1029 Grand Avenue, Windsor, CO
80550, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0054,
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (shop building, along with vehicle and equipment parking
and maintenance associated with an excavation business) 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, to-wit:
N1/2 NW1/4 of Section 17, Township 8 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board deemed it advisable to continue the matter to January 20, 2016, to
allow for consideration by the Planning Commission at a hearing which was continued to
January 12, 2016, as a result of a County closure due to inclement weather.
WHEREAS, at said hearing January 20, 2016, 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:
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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.
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." No more than six (6) commercial vehicles will be on the site at
any one time. Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora
change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and referral
agencies." The Conditions of Approval and Development Standards are
attached limiting noise, dust, lighting and limiting the number of vehicles
associated with this operation.
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 any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (shop
building along with vehicle and equipment parking and maintenance
associated with an excavation business), 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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is located in a rural area
(rangeland). The three (3) single family residences are located
approximately 1/4 to 1/2 mile to the west of the site. The site is located to
the east of three (3) USRs (USR-757, USR-758 and USR-761) for
single-family residences on parcels less than the minimum lot size in the
A (Agricultural) Zone District. A 230 Kv power line (approved under
SUP-380) is located approximately 1/2 mile to the east of the site. No phone
calls or correspondence was received from surrounding property owners
regarding this application.
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 not located within a three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.6.5 -- 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.
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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 81.2 acres
delineated as "Other," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The shop, parking and staging area will
encompass approximately one (1) acre of the property.
G. Section 23-2-230.6.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 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 Nevin Byler, Karen Byler, and Jalynn Byler, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0054, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (shop building, along with vehicle and equipment parking and
maintenance associated with an excavation business) 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 USR15-0054.
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 on the map
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) County Road (CR) 15 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.
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6) Show and label the approved access (AP#15-00145), and the
appropriate turning radii on the site plan.
7) Show and label the accepted drainage features and drainage flow
arrows on the site plan. Water quality features should be labeled as
"Water Quality Feature, No-Build or Storage Area," and shall
include the calculated volume.
8) 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 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,
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 and tracking control 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 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of January, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ddrifeti Cam( �,�,/ATTEST: ado. L Mike Freeman, Chair
Weld County Clerk to the Board 4 -1?
• Sean P. Con ay, Pro
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Date of signature: 5 Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER
USR15-0054
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0054, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (shop building, along with vehicle and equipment
parking and maintenance associated with an excavation business) 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. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Any vehicle or equipment washing areas 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.
10. All potentially hazardous chemicals must be handled in a safe manner, in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are on-site for less than
two (2) consecutive hours a day, portable toilets and bottled water are acceptable.
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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.
12. Process 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.
13. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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.
16. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
17. The access shall be maintained to mitigate any impacts to the public road, including
damages and/or offsite tracking.
18. The historical flow patterns and runoff amounts will be maintained on the site.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
21. 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.
22. 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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23. 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.
24. 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.
25. 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.
26. 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.
27. 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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