HomeMy WebLinkAbout20163044.tiffRESOLUTION
RE: APPROVE AMENDMENT (1 MJUSRI6-04-1459) TO A SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT, USR-1459, FOR ANY USE
PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW
IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (VEHICLES SALES AND
DETAILING), 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, TO
INCLUDE AN ADDITIONAL BUILDING AND EXPAND THE CURRENT BUSINESS FOR
AUTOMOTIVE SERVICE IN THE A (AGRICULTURAL) ZONE DISTRICT - T&M TRUCK
AND AUTO, LLC
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 5th day of
October. 2016. at the hour of 10:00 a.m., in the Chambers of the Board. for the purpose of hearing
the application of T&M Truck and Auto, LLC, 13042 CR 20. Ft. Lupton, CO 80621, for an
Amendment (1MJUSR16-04-1459) to Site Specific Development Plan and Use by Special Review
Permit, USR-1459, for any Use permitted as a Use by Right, Accessory Use or Use by Special
Review in the Commercial or Industrial Zone Districts (vehicles sales and detailing). 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. to include an additional building and
expand the current business for automotive service in the A (Agricultural) Zone District. on the
following described real estate. being more particularly described as follows:
Lot 1 of Recorded Exemption, RE -1039; being part
of the W1/2 NW1/4 of Section 20, Township 2 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.
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- 0O -1(c
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A. Section 23-2-230.A.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:- 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. "This is a proposed
expansion to an existing business that is located on lands that
historically were utilized for a residence. In 2004, T&M Truck and
Auto. LLC, acquired the property and were approved for a vehicle
sales establishment (USR-1495). The proposed use and expansion
of the business is in an area that can support this development and
the Development Standards and the Conditions of Approval 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 provides for any Use permitted as a Use by Right. Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts,
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. Lands adjacent to the west include
U.S. Highway 85 and a large tract of agricultural land adjacent to the South
Platte River; to the north is also a large tract of agricultural land, to the east
is the Union Pacific Railroad main line track and the Suncor Energy and
Pipeline storage tank facility (MUSR15-0017) and to the south are two
roust -a -bout and trucking companies associated with the oilfield. These
two businesses also share a common access off of County Road 20, and
have a valid access permit via AP16-00353.
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 Coordinated Planning Area and
the three (3) mile referral area of the City of Fort Lupton. The City of Fort
Lupton in the referral comments dated August 5. 2016, indicated they have
discussed the potential for annexation and the applicants expressed the
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desire to continue the application in the County. The City indicated no
additional concerns.
E. Section 23-2-230.B 5 -- The application complies with Chapter 23,
Articles V and Xl. 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 3.01 acres of Prime
Irrigated lands, per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. Due to the small size of the parcel and
the existing improvements. it is not economically feasible for agricultural
production.
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 T&M Truck and Auto. LLC, for an Amendment,
1MJUSR16-04-1459, to Site Specific Development Plan and Use by Special Review
Permit. USR-1459. for any Use permitted as a Use by Right. Accessory Use or Use by Special
Review in the Commercial or Industrial Zone Districts (vehicles sales and detailing). 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, to include an additional building and
expand the current business for automotive service 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 applicant shall attempt to address the requirements of the Fort Lupton
Fire Protection District. as stated in the referral response dated
August 23. 2016. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MJUSR16-04-1459.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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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) The map shall delineate the existing landscaping.
6) The map shall delineate the existing lighting.
7) 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.
8) The map shall delineate the parking area for the vendors.
customers and/or employees.
9) County Road 20 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
the existing right-of-way. All setbacks shall be measured from the
edge of right-of-way. This road is maintained by Weld County.
10) Show and label the approved access(es) (AP16-00353) on County
Road 20, and the appropriate turning radii on the site plan.
11) The applicant shall 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.
12) 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.
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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.) 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 prior to the start of construction.
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.
The above and foregoing Resolution was. on motion duly made and seconded. adopted
by the following vote on the 5th day of October, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:Ws
JcS;uk
Weld County Clerk to the Board
BY:
uty Clerk to the Board _��.` J j' � A/U
Cozad
Mike Freeman. Chair
C
Sean P. Conway, Pro-Tem
APPR
rbara Kirkmeyer,
ounty Attorney
Steve Moreno
Date of signature:
Q
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
T&M TRUCK AND AUTO, LLC
1 MJUSRI 6-04-1459
1 An Amendment, 1MJUSR16-04-1459. to Site Specific Development Plan and Use by
Special Review Permit, USR-1459, for any Use permitted as a Use by Right. Accessory
Use or Use by Special Review in the Commercial or Industrial Zone Districts (vehicles
sales and detailing), 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, to include an additional building and expand the current business for
automotive service 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 parking on the site shall be maintained.
4. 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.
5. The existing landscaping/screening on the site shall be maintained.
6. 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.
7 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.
8 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.
9 Fugitive dust and fugitive particulate emissions should attempt to be confined on the
property. Uses on the property should comply with the Colorado Air Quality Commission's
Air Quality Regulations.
10. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
11. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills will be reported to local,
state and federal agencies in accordance with all state and federal regulations.
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12. If necessary, secondary containment shall be constructed around tanks to provide
containment for the largest single tank and sufficient freeboard to contain precipitation.
Secondary containment shall be sufficiently impervious to contain any spilled or released
material. Secondary containment devices shall be inspected at regular intervals and
maintained in good condition. All secondary containment will comply with the provisions
of the State Underground and Above Ground Storage Tank Regulations.
13. Adequate drinking. handwashing and toilet facilities shall be provided for employees and
patrons of the facility. at all times.
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. The septic system
may need to be resized to accommodate more than four (4) employees. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
15. 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 property
disposal shall be retained.
16. 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.
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. 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.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and Il. of the Weld County Code.
22. The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or off -site tracking.
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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24. The historical flow patterns and runoff amounts on the site will be maintained.
25. Weld County is not responsible for the maintenance of on -site drainage related features.
26. 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.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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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32. 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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