HomeMy WebLinkAbout20161308.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
P ERMIT, USR16-0003 , FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
U SE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE FOR FIVE (5) STEP DECKS (SEMI-TRAILERS ), EIGHT (8)
VANS , TWO ( 2) CARGO CONTAINERS ( SEA BOXES ), ONE ( 1 ) GOOSENECK, ONE
( 1 ) CAR HAULER , TWO ( 2) GRAVEL TRAILERS, ONE ( 1 ) DUMP TRUCK, ONE ( 1 )
S IDEKICK TRUCK, FOUR (4) LOADERS , THREE ( 3 ) SEMI TRACTORS , STACKED
ANGLE IRON , RODS , PIPERACK, AND PIPES ) 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 -
ROGER AND SHERYL HILL
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 20th day of
April , 2016 . at the hour of 10 : 00 a. m . , in the Chambers of the Board , for the purpose of hearing
the application of Roger and Sheryl Hill , 25056 CR 76, Eaton . CO 80615 , for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0003 . for a Use permitted as a
Use by Right . Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (storage for five (5) step decks (semi-trailers) . eight (8) vans . two (2) cargo containers
(sea boxes) . one ( 1 ) gooseneck . one ( 1 ) car hauler, two (2) gravel trailers, one ( 1 ) dump truck .
one ( 1 ) sidekick truck . four (4) loaders , three (3) semi tractors . stacked angle iron , rods . piperack ,
and pipes) 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. on the following described real estate, being more particularly
described as follows :
Lot A of Recorded Exemption . RE-2282: being pad
of NW1 /4 NW1 /4 of Section 32 , Township 7 North ,
Range 64 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.
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SPECIAL REVIEW PERMIT ( USR16-0003) - ROGER AND SHERYL HILL
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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. " This Use by Special Review Permit is
for truck parking and outdoor storage. No new buildings are
proposed . The employees consist of four (4) drivers . The
semi-trucks will be parked on the northern section of the site and
the equipment storage area on the south section of the site and
surrounded with opaque fencing and cargo containers (sea boxes) .
The Department of Planning Services is requesting screening of the
truck parking area .
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 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 or Industrial Zone Districts (storage for five (5) step decks
(semi-trailers) , eight (8) vans , two (2) cargo containers (sea boxes) , one ( 1 )
gooseneck, one ( 1 ) car hauler, two (2) gravel trailers, one ( 1 ) dump truck,
one ( 1 ) sidekick truck, four (4) loaders, three (3) semi tractors , stacked
angle iron , rods, piperack. and pipes) 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 adjacent lands consist of
pastures, crops, and rural residences . The closest residence is
approximately 100 feet north of the northern property line and across
CR 76 and is part of the dairy. The next nearest residence is 0 . 25 miles
south of the site. There are six (6) USRs within one ( 1 ) mile of this site.
AmUSR- 1133 is for a 9 , 000-head dairy and USR- 1512 is for an agricultural
establishment, and both are located north of the site. AmUSR-703 is for a
group home , USR- 1577 is for outdoor storage, USR13-0046 is for an
electrical contractors shop, and SUP-315 is for a hog farm . and are all
located south of the site . The Weld County Department of Planning
Services has not received any correspondence from the surrounding
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SPECIAL REVIEW PERMIT (USR16-0003) - ROGER AND SHERYL HILL
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property owners that object to this Use by Special Review (USR) . The
Conditions of Approval and Development Standards for this proposal will
assist in mitigating the impacts of the facility on the adjacent properties.
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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
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 . The site is
not in a floodplain .
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 0. 48 acres of soils
designated as "Prime if they become Irrigated" and approximately
2 .49 acres of soils " Prime ( Irrigated) , " per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The proposed Use by
Special Review (USR) will take about a 0.48 acres of " Prime (Irrigated)"
Farmland out of production : however, the property is in an urbanized area
and too small to farm .
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 Roger and Sheryl Hill . for a Site Specific Development
Plan and Use by Special Review Permit, USR16-0003 , for a Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (storage
for five (5) step decks (semi-trailers) , eight (8) vans , two (2) cargo containers (sea boxes) , one
( 1 ) gooseneck, one ( 1 ) car hauler, two (2) gravel trailers, one ( 1 ) dump truck, one ( 1 ) sidekick
truck, four (4) loaders, three (3) semi tractors, stacked angle iron , rods, piperack, and pipes)
plat orpart of a map
that the property is not a lot in an approved or recorded subdivision
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:
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SPECIAL REVIEW PERMIT ( USR16-0003) - ROGER AND SHERYL HILL
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A. The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR16-0003.
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) The map shall delineate the parking area for the trucks.
6) Show and label the parking and traffic circulation with flow arrows
showing how the traffic moves around the property.
7) The map shall delineate the screening for the outdoor storage area
and truck parking .
8) Show and label the location of the piperack within the screened
area .
9) The map shall delineate the lighting . if applicable.
10) 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 .
11 ) Show and label the approved access (AP16-00055) , and the
appropriate turning radii on the site plan .
12) Show and label the approved tracking control on the site plan .
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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SPECIAL REVIEW PERMIT ( USR16-0003) - ROGER AND SHERYL HILL
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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. 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 11th day of May, A. D . . 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ado
ATTEST:
Mike Freeman, Chair
Weld County Clerk)o the Board0 . C_
�—
Sean P . Conway, Pro-Tem
BY.� i ..� �� I 1 .- /
Dep ty Cler to the Board
�..�.,,
ti . Cozad 9
1161 t
A • D AS M: USED
ra Kirkmeyer
aunty Attorney
Steve Moreno
Date of signature: 6/MilLe
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROGER AND SHERYL HILL
USR16-0003
1 . The Site Specific Development Plan and Use by Special Review Permit, USR16-0003 , is
for a Use Permitted as a Use By Right . Accessory Use . or Use By Special Review in the
Commercial or Industrial Zone Districts (storage for five (5) step decks (semi-trailers) ,
eight (8) vans, two (2) cargo containers (sea boxes) , one ( 1 ) gooseneck, one ( 1 ) car
hauler. two (2) gravel trailers, one ( 1 ) dump truck, one ( 1 ) sidekick truck, four (4) loaders,
three (3) semi tractors , stacked angle iron . rods , piperack. and pipes) 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 5: 00 a. m . to 11 : 00 p. m . , Monday thru Saturday .
4 . The number of employees shall be four (4) .
5. The parking area on the site shall be maintained .
6 . The landscaping/screening on the site shall be maintained .
7 . The lighting on the site shall be maintained .
8. All items listed in the request language shall be stored in the fenced area .
9. 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.
10. All angle iron , rod , and pipes must be stacked on the piperack and shall be stored in the
fenced area .
11 . The historical flow patterns and runoff amounts on the site will be maintained .
12 . 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.
13 . The access to the site shall be maintained to mitigate any impacts to the public road ,
including damages and/or off-site tracking .
14 . There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized .
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DEVELOPMENT STANDARDS ( USR16-0003) - ROGER AND SHERYL HILL
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15 . 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 .
16. 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 .
17 . 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 .
18 . 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 .
19. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone , as delineated in Section 25- 12-103 C . R . S .
20. Adequate drinking , handwashing and toilet facilities shall be provided for employees of the
facility, at all times. For employees or contractors on-site for less than two (2) consecutive
hours a day, 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 .
21 . In the event the applicant intends to utilize the existing septic system at the home for
employee use , the septic system shall be reviewed by a Colorado Registered Professional
Engineer, if the usage surpasses Septic Permit SP-9900498 sizing limitations . The review
shall consist of observation of the system and a technical review describing the system 's
ability to handle the proposed hydraulic load . The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health
and Environment. In the event the system is found to be inadequately sized or constructed
the system shall be brought into compliance with current regulations.
22 . 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.
23 . The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24 . 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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25 . 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 .
26. 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 .
27 . 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 .
28. 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.
29. 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 .
30. 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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