HomeMy WebLinkAbout20161467.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0007 , FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS ( INDOOR AND OUTDOOR STORAGE OF RV'S,
BOATS , AND TRAILERS , WITH AN OFFICE/STORE, AND 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 AND ONE ( 1 ) SINGLE FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A ( SECOND FAMILY DWELLING UNIT) TO BE USED AS THE
CARETAKER RESIDENCE IN THE A ( AGRICULTURAL) ZONE DISTRICT -
HANS WIMMER
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 4th day of
May, 2016 , at the hour of 10: 00 a . m . , in the Chambers of the Board . for the purpose of hearing
the application of Hans Wimmer, 3318 Barbados Place, Boulder. CO 80301 , for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0007 , for any Use permitted as a
Use by Right . Accessory Use . or Use by Special Review in the Commercial or Industrial Zone
Districts (indoor and outdoor storage of RV's . boats, and trailers . with an office/store . and 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 and one
( 1 ) Single Family Dwelling Unit per lot other than those permitted under Section 23 3-20 .A (second
family dwelling unit) to be used as the caretaker residence in the A (Agricultural) Zone District, on
the following described real estate. being more particularly described as follows :
Lot B of Recorded Exemption , RE-3428: being part
of the SW1 /4 SW1 /4 of Section 28, Township 2
North , Range 67 West of the 6th P . M . . Weld County,
Colorado
WHEREAS , at said hearing , the applicant was present and represented by
Sheri Lockman , Lockman Land Consulting , 36509 CR 41 , Eaton , Colorado 80615, 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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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
the storage of RVs , boats , trailers , a 20'x20' office/store . a dump
station , and approximately 19, 000-square-feet of indoor RV storage
will be constructed on the site. Three (3) parking stalls will be
provided for the office/store and approximately 348 storage stalls
will be available at full buildout. The hours of operation are
proposed to be 24-hours a day and seven (7) days a week and the
store will be open from 4: 00 a . m . to 10 : 00 p. m . , seven (7) days a
week . The store will be open to customers of the RV storage facility.
Customers will access the site via a key pad controlled gate.
Overhead lighting may be added to the site in the future . No sign is
shown requested with this application . Any lights or signage
installed on the site will need to comply with the Weld County Code .
There is a line of trees on the neighbor's property to the north that
provides screening . The application material state that a 6-foot
chain-link fence with lath (earth-tone slats) will be placed along the
north , west, and east sides of the storage area. Two (2) deciduous
trees will be located at the entrance and additional spruce and pine
trees will be planted along CR 17 and on the east side of the
property outside of the Stanley Ditch right-of-way. The property
owner owns the land to the south of the site. There are two (2)
residences on the site. One is a 1920 single-family home and the
other is a mobile home currently approved as an Accessory to the
Farm . The employee that will be the caretaker for the RV storage
facility will reside in the mobile home . The mobile home is being
approved as a second single-family dwelling with this USR . The
proposed use is in an area that can support this development and
the proposed screening . The Conditions of Approval , Development
Standards and the Weld County Code requirements for shielded
lights will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land
uses and the region .
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B . Section 23-2-230. B. 2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District, Sections 23-3-40 . S . and M . which allow
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 ( Indoor and outdoor
storage of RVs, boats , and trailers, with an office/store . and RV dump
station) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions and one ( 1 ) single-family dwelling unit
per lot other than those permitted under Section 23-3-20.A. (second
single-family dwelling unit) to be used as a caretaker residence 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 adjacent lands consist of
pastures . crops, and rural residences. The closest residence is
approximately 350 feet southeast of the site. There are eight (8) USRs
within one ( 1 ) mile of the site . USR-1116 is for a water tank. USR- 1555 is
for water tanks . USR-776 is for a 1 , 190-foot tall telecommunication tower.
USR- 1508 is for a 1 , 180 foot tall telecommunication tower. USR-787 is for
a trucking business. All of the aforementioned USRs are located south of
the site . AmUSR- 1231 is for a 4, 000-head dairy, and USR13-0049 is for a
non- 1041 major facility 16-inch pipeline and both are located east of the
site . AmUSR- 1356 is for a livestock confinement operation and is located
north of and adjacent to the site . The Weld County Department of Planning
Services has not received any correspondence from the surrounding
property owners that object 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 Towns of Dacono . Firestone , and Frederick, and the City of Fort Lupton .
The Towns of Dacono and Firestone did not respond with referral
comments . The City of Fort Lupton , in their referral agency comments
dated March 15, 2016, indicated no concerns . The Town of Frederick
submitted comments for review in the referral response dated February 11 ,
2016 . Staff has included a Condition of Approval for the applicant to
address the comments from the Town of Frederick.
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.
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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 16 . 85 acres of soils
designated as " Prime ( Irrigated) ," approximately 2 .49 acres of soils
designated as " High Potential Dry Cropland . " and approximately 2 . 21 acres
designated as "Other, " per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The USR will take 17 acres of " Prime
( Irrigated)" farmland out of 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 Hans Wimmer, for a Site Specific Development Plan and
Use by Special Review Permit, USR16-0007 , for any Use permitted as a Use by Right, Accessory
Use , or Use by Special Review in the Commercial or Industrial Zone Districts (indoor and outdoor
storage of RV's , boats , and trailers, with an office/store, and 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 and one ( 1 ) Single Family Dwelling Unit
per lot other than those permitted under Section 23-3-20.A (second family dwelling unit) to be
used as the caretaker residence 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 . The Road Maintenance Agreement will be
a third party agreement with the Town of Frederick.
B . The applicant shall attempt to address the requirements (concerns) of the
Town of Frederick, as stated in the referral response dated March 17 , 2016.
Evidence of such shall be submitted , in writing , to the Weld County
Department of Planning Services.
C . The applicant shall submit a Landscaping/Screening Plan to the
Department of Planning Services for review and approval . All parking
areas shall be screened from adjacent properties and public rights of way.
D . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR16-0007 .
2) The attached Development Standards.
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SPECIAL REVIEW PERMIT (USR16-0007) - HANS WIMMER
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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) The map shall delineate the approved Screening Plan .
7) The map shall delineate the lighting . if applicable .
8) The map shall delineate the parking area .
9) County Road 17 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 accesses (AP16-00078) . and the
appropriate turning radii on the site plan .
11 ) Show and label the approved tracking control on the site plan .
12) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
13) 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 .
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 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. The approved access and tracking control shall be constructed prior to
on-site construction .
B . 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.
The above and foregoing Resolution was . on motion duly made and seconded , adopted
by the following vote on the 9th day of May, A. D . . 2016 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Sadao)
ATTEST: a:c tidO t•kmteks
;imp -
Mike Freeman . Chair
Weld County Clerk to the Board
EXCUSED
7 Sean P. Conway, Pro-Tem
D ut' Clerk to the Board o ��e p Y 1;
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APPRIDVED A S POR M: r s ,•���,��, �` •
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Date of signature: 5/1 //11-P
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HANS WIMMER
USR16-0007
1 . The Site Specific Development Plan and Use by Special Review Permit, USR16-0007 , is
for any Use permitted as a Use by Right. Accessory Use . or Use by Special Review in the
Commercial or Industrial Zone Districts ( Indoor and outdoor storage of RVs , boats, and
trailers , with an office/store , and 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 and one ( 1 ) single-family dwelling unit per lot
other than those permitted under Section 23-3-20.A (second single-family dwelling unit)
to be used as a caretaker residence 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 two (2) .
4 . The hours of operation are 24-hours a day. seven (7) days a week.
5 . No derelict vehicles , as defined in Section 23- 1 -90 of the Weld County Code , shall be
stored on the site.
6. All vehicles located within the RV storage area must be operational with current license
plates and tags.
7 . There shall be no outside storage of industrial and/or commercial vehicles , equipment or
materials .
8. No hazardous materials shall be stored on-site.
9 . The landscaping/screening on the site shall be maintained in accordance with the
approved Landscaping/Screening Plan
10. 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.
11 . 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.
12 . The access to the site shall be maintained to mitigate any impacts to the public road ,
including damages and/or off-site tracking .
13 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be
utilized .
14 . The historical flow patterns and runoff amounts on the site will be maintained .
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15. Weld County is not responsible for the maintenance of on-site drainage related features.
16. 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 .
17. 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.
18 . 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.
19 . 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 .
20 . 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 .
21 . Any septic system located on the property must comply with all provisions of the Weld
p Y p p Y
County Code, pertaining to Onsite Waste Water Treatment Systems . A permanent,
adequate water supply shall be provided for drinking and sanitary purposes .
22 . 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 .
23. RV dump stations shall be connected to an appropriately engineer designed Onsite Waste
Water Treatment System . which complies with all provisions of the Weld County Code ,
pertaining to Onsite Waste Water Treatment Systems .
24 . The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
25. 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 .
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26. Building permits may be required , per Section 29-3- 10 of the Weld County Code.
q
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 .
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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