HomeMy WebLinkAbout20161723.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0010 , FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE , OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OFFICE/SHOP, PARKING AND EQUIPMENT
STORAGE ASSOCIATED WITH A CONCRETE CONSTRUCTION COMPANY),
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 - KOOBIE ENTERPRISE, LLC , C/O JUSTIN AND CHELSEY
JOHNSON
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 15th day of
June , 2016 . at the hour of 10: 00 a . m . , in the Chambers of the Board . for the purpose of hearing
the application of KOOBIE Enterprises, LLC , c/o Justin and Chelsey Johnson , 27104 Coyote
Ridge Lane . Johnstown , CO 80534 , for a Site Specific Development Plan and Use by Special
Review Permit, USR16-0010 . for any Use permitted as a Use by Right, Accessory Use. or Use
by Special Review in the Commercial or Industrial Zone Districts (office/shop . parking and
equipment storage associated with a concrete construction company) . 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 Amended Recorded Exemption ;
AmRE-3340 , lying in pad of the NW1 /4 of Section 20
and also lying in part of the SW1 /4 of Section 17 ; all
in Township 5 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:
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SPECIAL REVIEW PERMIT ( USR16-0010) - KOOBIE ENTERPRISE . LLC , C/O JUSTIN AND
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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 . 2 (A. Policy 7 . 2) states: "Conversion of
agricultural land to nonurban residential, commerciala nd 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
Agricultural zoned land that is covered with a residence and existing
outbuildings.
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. - A number of Conditions of
Approval and Development Standards are proposed to address
potential impacts of this Use, including a Road Maintenance and
Improvements Agreement to address impacts to adjacent roads;
noise standards are attached ; and , the applicants are proposing to
screen the adjacent properties from the proposed Use on the
northeastern and western ends of the site .
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 for any Use permitted as a Use by Right. Accessory Use. or Use by
Special Review in the Commercial or Industrial Zone Districts, (office/shop,
parking and equipment storage associated with a concrete construction
company) , 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 west of and
adjacent to the Coyote Ridge PUD. The applicant owns the two (2) lots in
the Coyote Ridge PUD immediately adjacent to this site. Two (2) existing
single-family residences are located to the west of County Road 15 . A
number of Conditions of Approval and Development Standards are
attached to address the potential impacts from this Use including noise
limits . limits on hours of operation , and a Road Maintenance and
Improvements Agreement to address impacts to adjacent County roads.
The applicants are proposing to screen the facility from adjacent properties
by a fence along with some conifers and bushes .
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
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municipalities . The site is located within the three (3) mile referral areas of
the City of Greeley, Towns of Milliken and Windsor and Larimer County.
The City of Greeley, and the Towns of Milliken and Windsor indicated no
concerns in their respective referrals dated April 1st, April 6th , and
March 11th of 2016. No referral response has been received from Larimer
County.
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.
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 8 . 51 acres
delineated as " Prime , " per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The site is covered by an existing
single-family residence and outbuildings.
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 KOOBIE Enterprise . LLC , c/o Justin and Chesley
Johnson . for a Site Specific Development Plan and Use by Special Review Permit, USR16-0010,
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (office/shop, parking and equipment storage associated
with a concrete construction company) , 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. An Improvements and Road Maintenance Agreement is required for off-site
improvements at this location . Road maintenance , including dust control ,
damage repair, specified haul routes and future traffic triggers for
improvements, will be included .
B . A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required .
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C . The existing shop building is located within the future right-of-way for
County Road 15. It is a non-conforming structure. A non-conforming
structure application form shall be submitted to the Department of Planning
Services .
D . The applicant shall attempt to address the comments of the Front Range
Fire Rescue Authority, as stated in the referral dated April 21 , 2016. Written
evidence of such shall be provided to the Department of Planning Services.
E . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR16-0010 .
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 map shall delineate the landscaping and/or screening . The type
of fence and size and type of landscaping shall be delineated .
5) The map shall delineate the lighting (if applicable) .
6) 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 .
7) County Road 15 is a paved 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
the existing right-of-way. All setbacks shall be measured from the
edge of right-of-way. This road is maintained by Weld County.
8) Show and label the approved accesses (AP16-00119) and the
appropriate turning radii .
9) Show and label the approved tracking control.
10) Show and label the entrance gate set back a minimum of 100 feet
from the edge of the shoulder.
11 ) 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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12) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
13) Show and label all recorded easements on the map by book and
page number or reception number and date.
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 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 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 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 15th day of June , A. D . . 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST: Ctist!L, - % 4 EXCUSED
Mike Freeman . Chair
Weld County Clerk to the Board _ _,
Sean P. Conway , Pro-Tem
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Date of signature : i
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KOOBIE ENTERPRISE, LLC , C/O JUSTIN AND CHELSEY JOHNSON
USR16-0010
1 . The Site Specific Development Plan and Use by Special Review Permit, USR16-0010 , is
for any Use permitted as a Use by Right. Accessory Use , or Use by Special Review in the
Commercial or Industrial Zone Districts (office/shop, parking and equipment storage
associated with a concrete construction company) , 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 7 : 00 a . m . — 8 : 30 p. m . , Monday — Friday.
4. The number of on-site employees shall be 40 (four (4) on-site employees and 36 off-site
employees who access the site to pick-up and drop off vehicles) .
5. The parking area 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 . The landscaping/screening on the site shall be maintained .
8 . 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 .
9 . 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 .
10. 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 .
11 . 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 .
12. 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 .
13 . 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,
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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 .
14. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to On-site Wastewater Treatment Systems .
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
16. 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 .
17 . 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.
18. 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.
19. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations .
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21 . 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 .
22 . 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 .
23. The access to the site shall be maintained to mitigate any impacts to the public road ,
including damages and/or off-site tracking .
24 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be
utilized .
25 . The historical flow patterns and runoff amounts on the site will be maintained .
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26 . Weld County is not responsible for the maintenance of on-site drainage related features.
27 . 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 .
28 . The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code .
29. 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.
30. 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.
31 . 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.
32. 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 .
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33. 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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