HomeMy WebLinkAbout20161957.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0013, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL AND INDUSTRIAL ZONE
DISTRICTS (BUILD GATES AND FENCES) 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 - TERRY AND
ROBERTA VIDER
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 6th day of
July, 2016, at the hour of 10:00 a.m.. in the Chambers of the Board. for the purpose of hearing
the application of Terry and Roberta Vider. 4689 S. Blue Spruce Road #C, Evergreen, CO 80439.
for a Site Specific Development Plan and Use by Special Review Permit. USR16-0013. for a Use
permitted as a Use by Right, Accessory Use. or Use by Special Review in the Commercial and
Industrial Zone Districts (build gates and fences) 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 estatebeing more particularly described as follows:
Lot A of Recorded Exemption, RECX15-0028: being
part of the W1/2 NE1/4 of Section 28. Township 5
North. Range 65 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. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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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 fence building business. No new structures will be constructed
on the site. Adequate parking has been provided. No sign or
outdoor lighting is requested with this application. Any lights or
signage installed on the site will need to comply with the Weld
County Code. There is existing vegetation along CR 54 that
provides screening. No additional screening is proposed. There is
an existing home, garage. and two (2) outbuildings that are not
related to the business. The business will be conducted in the
Quonset hut. There will be up to six (6) on -site employees and the
temporary -seasonal employees will work on job sites The entire
parcel is in the 100 -year floodplain for the South Platte River so the
outdoor storage is required to be in compliance with the Weld
County Code Floodplain Regulations. The proposed use is in an
area that can support this development and the existing screening.
The 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 allows for a Site
Specific Development Plan and Use by Special Review Permit for a Use
permitted as a Use by Right. Accessory Use, or Use by Special Review in
the Commercial and Industrial Zone Districts (build gates and fences)
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.
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 north of the
site on the north side of CR 54. There are eight (8) USRs within one (1)
mile of the site. To the north. USR-852 is for an oil and gas production
facility. USR-306 is for gravel mining; MUSR12-0012 is for an RV park and
storage: and. USR-668 is for oil and gas production facilities. To the west,
USR-628 is for the repair and maintenance of farm equipment and USR-46
is for a landfill. USR-237 is for a gravel pit and located southwest of the
site. and USR13-0048 is for outdoor storage and parking and located
southeast of the site. The Weld County Department of Planning Services
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has not received any correspondence from the surrounding property
owners objecting to this USR.
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 Garden City and LaSalle and the Cities of Greeley and Evans.
The Town of LaSalle and the City of Evans did not respond with referral
comments. The Town of Garden City, in the referral agency comments
dated April 7, 2016, indicated no concerns. The City of Greeley, in the
referral comments dated April 20, 2016, indicated that the subject property
is within the floodplain. Floodplain comments from Weld County are pad of
this recommendation.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is 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.
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 3.85 acres of soils
designated as "Irrigated land (Not Prime)" and approximately 6.15 acres of
soils designated as '`Prime (Irrigated)," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. A portion of the site is
still in crop. The house was built in 1926, and the addition of this USR will
not take a significant amount of acreage 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 Terry and Roberta Vider, for a Site Specific Development
Plan and Use by Special Review Permit, USR16-0013, for a Use permitted as a Use by Right,
Accessory Use. or Use by Special Review in the Commercial and Industrial Zone Districts (build
gates and fences) 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:
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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 USR16-0013.
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 floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
7) The map shall delineate the lighting if applicable. and meet the
requirements of the Weld County Code.
8) Show and label the approved access point(s) (AP16-00144), and
the appropriate turning radii.
9) County Road 54 is a paved road and is designated on the Weld
County Road Classification Plan as a collector road which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
the future and existing right-of-way. All setbacks shall be measured
from the edge of future right-of-way. This road is maintained by
Weld County.
10) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
11) 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
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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 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.
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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of July. A.D.. 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST:dat.44) � J,S4);‘,A.
Weld County Clerk to the Board
Aunty Attorney
Mike Freeman. Chair
) cc
0 Sean P. Conway, Pro -Tern
Date of signature: -7iaD/ 3O1G
G
teve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TERRY AND ROBERTA VIDER
USR16-0013
1 The Site Specific Development Plan and Use by Special Review Permit, USR16-0013, is
for any Use permitted as a Use by Right. Accessory Use. or Use by Special Review in the
Commercial or Industrial Zone Districts (build gates and fences) 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 six (6).
4. The landscaping/screening on the site shall be maintained.
5. 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.
6. No outdoor storage of floatables is allowed on this site due to the floodplain.
7. 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 -1543E effective date will be
January 20, 2016 (South Platte Floodplain). 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.
8. 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.
9. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. 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.
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13. 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.
14. 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.
15. 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.
16. 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.
17. Adequate drinking. handwashing and toilet facilities shall be provided for employees, at
all times. For two (2) or less full-time (40 hour week) employees or four (4) or less part
time (20 hour week) employees located 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.
18. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
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. A building permit 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 the 2014 National Electrical Code. A building permit
application must be completed and two 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 registered State of Colorado engineer
shall be required or an open hole inspection.
22. 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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23. 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.
24. 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.
25. 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.
26. 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.
27. 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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