HomeMy WebLinkAbout20163373.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0027, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OUTDOOR STORAGE OF RVS, BOATS, ATVS,
VANS, STANDALONE CAMPERS, MOTORHOMES, 5TH WHEEL TRAILERS, PICKUP
TRUCKS WITH OR WITHOUT ATTACHED CAMPERS, AND OTHER SIMILAR ITEMS
INCLUDING INDUSTRIAL OR COMMERCIAL VEHICLES AND FLATBED TRAILERS,
AN OFFICE AND AN RV DUMP STATION), 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 - MARGOLIS LAND
COMPANY, LLC, AND JOHN S. VAN ANNE, C/O RUSSELL KNODEL
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 9th day of
November, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Margolis Land Company, LLC, and John S. Van Anne, 410 Strong
Street. Brighton, CO 80601, c/o Russell Knodel, 716 S. 9th Street. Brighton, CO 80601, for a Site
Specific Development Plan and Use by Special Review Permit. USR16-0027, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (outdoor storage of RVs, boats, ATVs. vans. standalone campers.
motorhomes, 5th wheel trailers. pickup trucks with or without attached campers, and other similar
items including industrial or commercial vehicles and flatbed trailers. an office and an RV dump
station), 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. RE -4217: being part
of the NW 1/4 of Section 32, Township 1 North,
Range 66 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.
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2016-3373
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SPECIAL REVIEW PERMIT (USR16-0027) - MARGOLIS LAND COMPANY, LLC. AND JOHN
S. VAN ANNE, 0/O RUSSELL KNODEL
PAGE 2
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.
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 applicant is requesting a USR for
outdoor storage of RVs, boats, and trailers. A future 8'x16' office
and RV dump station are proposed. Adequate parking will be
provided for the office. One employee is proposed and customer
entry will be with a key -coded -gate. About 400 storage stalls will be
available at full build out. The hours of operation are proposed to
be 24 hours a day / 7 days a week. The application materials state
that a six (6) -foot chain -link fence with a twelve (12) -inch
barbed-wire cap will surround the perimeter of the storage area. All
landscaping will be along CR 4. Two (2) trees will be located at the
entrance and tall grass will be planted in mounds every 50 feet
along the fence between the fence and the retention ponds. Solar
driveway lights will be installed along the drive. The remaining area
outside the fence will be landscaped with native grass. rock or
mulch. The proposed facility is in an area that can support this
development. The proposed screening. 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.
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 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 storage of RVs. boats, ATVs, vans, standalone campers,
motorhomes, 5th wheel trailers, pickup trucks with or without attached
campers. and other similar items including industrial or commercial
vehicles and flatbed trailers, an office and an RV dump station) 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.
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SPECIAL REVIEW PERMIT (USR16-0027) - MARGOLIS LAND COMPANY, LLC, AND JOHN
S. VAN ANNE, 0/O RUSSELL KNODEL
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Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures. crops, rural residences. Vestas is north of the site across CR 4
and there is a construction company on the parcel west of and adjacent to
the site. The closest residence is also located on the same parcel as the
construction company. There are fourteen (14) USRs within one (1) mile of
the site with eight (8) of the 14 being located west of U.S. Highway 85 and
the site located east of U.S. Highway 85. USR-1172, USR-1350. Amended
USR-905, and USR-968 are all gravel mining operations located west of
the site along the South Platte River. MUSR14-0002 is for a gravel pit,
asphalt and storage: and, USR-1373 is for a concrete batch plant and both
are located west of the site. USR-1493 and USR-1744 are for commercial
junkyards and salvage facilities and are located north and west of the site.
USR-969 is for a water ski club, USR-1402 is for a maintenance shop,
USR-1676 (Vestas) is for research, repair and manufacturing (now
annexed into Brighton). and Amended USR-1458 is for mineral resource
development and all are located north of the site. USR-1658 is for a
construction business and is located west of and adjacent to the site.
USR-226 is for oil tanks and is located north of and adjacent to the site
(also annexed into Brighton). The Weld County Department of Planning
Services has not received any correspondence from the surrounding
property owners in objection to this USR.
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 Lochbuie and the Cities of Fort Lupton and Brighton. The site
is located within the Intergovernmental Area (IGA) for the City of Fort
Lupton. The Town of Lochbuie and the City of Brighton did not respond
with any referral agency comments. The City of Fort Lupton. in the referral
agency comments dated August 25, 2016, indicated no concerns.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V. 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 10 acres of soils
designated as "High Potential Dry Cropland - Prime if they Become
Irrigated.'' per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. The USR will not take any "Prime (Irrigated)" farmland
out of production.
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SPECIAL REVIEW PERMIT (USR16-0027) - MARGOLIS LAND COMPANY, LLC, AND JOHN
S. VAN ANNE, C/O RUSSELL KNODEL
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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 Margolis Land Company, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0027. for any Use permitted as a
Use by Right. Accessory Use. or Use by Special Review in the Commercial or Industrial Zone
Districts (outdoor storage of RVs, boats, ATVs, vans, standalone campers, motorhomes, 5th
wheel trailers. pickup trucks with or without attached campers, and other similar items including
industrial or commercial vehicles and flatbed trailers, an office and an RV dump station), 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 USR16-0027.
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 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.
6) Show the approved City of Brighton accesses on the site plan and
label with the approved Access Permit Number, if applicable.
7) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Stormwater Retention, No -Build or
Storage Area" and shall include the calculated volume.
8) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
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SPECIAL REVIEW PERMIT (USR16-0027) - MARGOLIS LAND COMPANY, LLC, AND JOHN
S. VAN ANNE, C/O RUSSELL KNODEL
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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 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 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 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 (USR16-0027) - MARGOLIS LAND COMPANY, LLC, AND JOHN
S. VAN ANNE, C/O RUSSELL KNODEL
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The above and foregoing Resolution was, on motion duly made and seconded. adopted
by the following vote on the 9th day of November. A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dart444) atC
Weld County Clerk to the Board
BY
a>
u Clerk to the Board
APPROVED AS
rbara Kirkmeyer
County Attorney
Date of signature: lea /81(G
Mike Freeman, Chair
c
Sean P. Conway, Pro -Tern
Julie A. Cozad
,11
Steve Moreno
2016-3373
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARGOLIS LAND COMPANY, LLC, AND JOHN S. VAN ANNE, C/O RUSSELL KNODEL
USR16-0027
1 The Site Specific Development Plan and Use by Special Review Permit, USR16-0027, is
for any Use permitted as a Use By Right, Accessory Use, or Use By Special Review in the
Commercial or Industrial Zone Districts (outdoor storage of RVs, boats, ATVs, vans,
standalone campers. motorhomes, 5th wheel trailers. pickup trucks with or without
attached campers. and other similar items including industrial or commercial vehicles and
flatbed trailers, an office and an RV dump station), 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 number of on -site employees shall be up to two (2) full-time employees.
4 The hours of operation are 24 hours a day / 7 days a week.
5 The landscaping/screening on the site shall be maintained.
6 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.
7 No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be
stored on the site.
8 All vehicles located within the RV storage area must be operational with current license
plates and tags.
9. No hazardous materials shall be stored on the site.
10. 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.
11. The historical runoff amounts on the site will be maintained.
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.
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.
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DEVELOPMENT STANDARDS (USR16-0027) - MARGOLIS LAND COMPANY. LLC. AND
JOHN S. VAN ANNE. C/O RUSSELL KNODEL
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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 facility 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. 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.
18. 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. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
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. RV dump stations shall be connected to an appropriately engineer designed On -site
Waste Water Treatment System, which complies with all provisions of the Weld County
Code, pertaining to On -site Waste Water Treatment Systems.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
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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DEVELOPMENT STANDARDS (USR16-0027) - MARGOLIS LAND COMPANY. LLC. AND
JOHN S. VAN ANNE, C/O RUSSELL KNODEL
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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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