HomeMy WebLinkAbout20163359.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE
PERMIT, USR16-0033, FOR ANY USE PERMITTED AS A
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE C
INDUSTRIAL ZONE DISTRICTS (STORAGE OF ELECTRICAL EQUIP
EXISTING BUILDING, ALONG WITH AN OFFICE A - AND ST
COMMERCIAL VEHICLES ASSOCIATED WITH TH ' LECT - SS)
PROVIDED THAT THE PROPERTY IS NOT A L IN AN A - OVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP O LAN FILED P - - TO ADOPTION OF
ANY REGULATIONS CONTROLLING SU (VISIONS IN THE GRICULTURAL)
ZONE DISTRICT - HOLLIS REVARD
WHEREAS, the Board of County Cmissioners
Colorado statute and the Weld County Home Rule Cha
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of C
November, 2016, at the hour of 1
hearing the application of Hollis Re
Specific Development Plan and
permitted as a Use by Right, Acce
Industrial Zone Districts (storage of
office and parking an
provided that the pro
or plan filed prior to
Zone District, on the
taging of co
rty is not a lot in
doption of any re
(lowing described re
eld County,
is vest
my Commissioners held a pu
0 a.m., in the Chambers of
rd, 31099 County Road 41
by Special Review
ory Use, or Use by S
ectrical equipment in
ercial vehicles as
approved or rec,
ations contro
state, b
Lot B - ' ecorded Ex
SE1/4 SE1/4 of S
Range 65 West of th
Colorado
olorado, pursuant to
with the authority of
c hearing on the 9th day of
e Board, for the purpose of
reeley, CO 80631, for a Site
rUSR16-0033, for any Use
cial Review in the Commercial or
n existing building, along with an
ciated with the electrical business)
ded subdivision plat or part of a map
g subdivisions in the A (Agricultural)
more particularly described as follows:
tion, RE -1283; being part
tion 29, Township 6 North,
6th P.M., Weld County,
HEREAS, at said hearing, the ap• ant was present, and
WHEREAS, Section 23-2-230 • e Weld County Code provides standards for review of
sa'• . se by Special R- iew Permit, and
AS, he Board of -unty Commissioners heard all of the testimony and
ents of present, studies e request of the applicant and the recommendation of the
ounty Plan • s Commissio and all of the exhibits and evidence presented in this matter
ng been full • rmed, f ds that this request shall be approved for the following reasons:
The submitteaterials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
the opinion of the Board of County Commissioners that the applicant has
lance with Section 23-2-230.B of the Weld County Code as follows:
c:.•, Puff
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SPECIAL REVIEW PERMIT (USR16-0033) - HOLLIS REVARD
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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.B.2 (A.Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production." The Conditions of Approval and
Development Standards (such as noise limits), 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 allows for any Use
permitted as a Use by Right, Accessory Use. or Use by Special Review in
the Commercial or Industrial Zone Districts. storage of electrical equipment
in an existing building, along with an office and parking and staging of
commercial vehicles associated with the electrical 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.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Single-family residences are
located to the north, south and southwest of the property and an existing
ditch is located to the west of the site. The impacts on adjacent properties
will be limited, as traffic to the site will be minimal, and the majority of
storage will be located in the building and a total of three (3) work trailers
would be occasionally parked/stored on the site to the west of the storage
building. Development Standards will limit noise on the site and prohibit
parking and staging of vehicles on county roads to mitigate impacts and
ensure compatibility with the surrounding area. No phone calls or
correspondence from surrounding property owners has been received
regarding this case.
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 City of Greeley. The City of Greeley in the referral comments, dated
August 30, 2016, provided comments/recommendations regarding
landscaping. screening. lighting and setbacks.
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SPECIAL REVIEW PERMIT (USR16-0033) - HOLLIS REVARD
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Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. A portion of the site (outside
of the developed area of the property) is located 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 5.85 acres
delineated as "Other" on the northern two-thirds of the site and "Prime" on
the southern one-third of the site, per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The property is covered with
existing buildings and no additional land will be improved/developed under
this USR.
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 Hollis Revard, for a Site Specific Development Plan and
Use by Special Review Permit. USR16-0033. for any Use permitted as a Use by Right. Accessory
Use. or Use by Special Review in the Commercial or Industrial Zone Districts (storage of electrical
equipment in an existing building, along with an office and parking and staging of commercial
vehicles associated with the electrical 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 plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0033.
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 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) County Road 41 is a paved road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
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SPECIAL REVIEW PERMIT (USR16-0033) - HOLLIS REVARD
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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.
6) Show and label the approved access (AP16-00453). and the
appropriate turning radii on the site plan.
7) The applicant shall show the drainage flow arrows.
8) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
9) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
10) Show and label the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number.
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 plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the plat
the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat 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 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. 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 9th day of November. A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: WS W,
Weld County Clerk to the Board
BY:
AP
ty Attorney
Date of signature: (11 t8-1 ( I G
r t
Mike Freeman, Chair
Sean P. Conway. Pro-Tem
arbara Kirkmeyer
----
Steve Moreno
•
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HOLLIS REVARD
USR16-0033
1 The Site Specific Development Plan and Use by Special Review Permit, USR16-0033. is
for any Use permitted as a Use by Right. Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (storage of electrical equipment in an existing
building, along with an office and parking and staging of commercial vehicles associated
with the electrical business) provided that the property is not a lot in an approved or
recorded subdivision plat or pad 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 total number of employees shall be ten (10).
4. A maximum of three (3) work trailers associated with the business shall be parked/stored
outside on the site at any one time.
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 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.
8. 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.
9. 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.
10. 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.
11. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103. C.R.S.
12. 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. and two (2) or less full-time employees on site, portable toilets and bottled water are
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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.
13. In the event the existing septic system is found to be inadequately sized or constructed,
the system shall be brought into compliance with current regulations.
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. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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.
17. 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.
18. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway. as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1533E. effective date January 20,
2016. Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations
for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as
described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any
man-made change to improved or unimproved real estate, including but not limited to..
buildings or other structures, mining. dredging, filling. grading, paving, excavation, drilling
operations. or storage of equipment and materials.
22. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
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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.
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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