HomeMy WebLinkAbout20161294.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0002, 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 ROOFING MATERIALS ) 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 - LAWRENCE KERR
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 Lawrence Kerr. 4560 Columbine Street, Denver. CO 80216 . for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0002 . 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 roofing materials) 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-4109: being part
of the SE1 /4 of Section 25 . Township 1 North , Range
68 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.
1 ) Section 22-2-20 . 1 (A. Goal 9) states: 'Reduce potential conflicts
between varying land uses in the conversion of traditional
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SPECIAL REVIEW PERMIT ( USR16-0002) - LAWRENCE KERR
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agricultural lands to other land uses. - A number of Conditions of
Approval and Development Standards ( including , but not limited to ,
a Landscaping/Screening Plan and Development Standards
requiring the applicant to control and maintain fugitive dust and
debris) are attached to reduce impacts and conflicts associated with
this Use and adjacent properties .
2) Section 22-2-20. 1 . 5 (A. Policy 9 . 5) states : `Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Potential impacts associated with the Use to
include visual . dust and debris , and noise . are addressed through
the attached Development Standards and Conditions of Approval .
B Section 23-2-230 . B. 2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District .
1 ) Section 23-3-40. S of the Weld County Code allows any Use
permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (storage of
roofing materials) 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 as a
Use by Special Review Permit 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 site is located on a property
adjacent to four (4) single-family residences (on rural residential lots) to the
north and one ( 1 ) single-family residence to the south of the site . Farmland
is located immediately across the street and another single-family
residence is located approximately 1 , 200 feet to the southeast of the site .
The storage area occupies approximately one ( 1 ) acre in the eastern half
of the property. A compressor station Special Use Permit (approved under
SUP-223) is located approximately 1 ,400 feet to the east of the storage
area and USRs for a storage of farm and recreational vehicles ( USR-588)
and a kennel for up to 150 dogs (SUP-299) are located approximately
3 , 000 feet to the northwest of the storage area . Two responses have been
received from surrounding property owners indicating concerns and
objections regarding the proposed Use . These concerns/objections include
traffic from trucks picking up and dropping off the equipment disturbing
cattle that are being raised on adjacent property. dust blowing off the site ,
and the unsightliness of the storage area. Conditions of Approval and
Development Standards are attached to address impacts associated with
the proposed Use . A Landscaping/Screening Plan is attached as a
Condition of Approval to screen the facility from adjacent properties .
residences and road rights-of-way. A Development Standard is attached
requiring the facility to adhere to Colorado Air Quality Commission Air
Quality Regulations and to attempt to confine fugitive dust on the site .
Additionally , a Development Standard is attached requiring the applicant to
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control blowing debris and other nuisance conditions. The application
indicates that up to three (3) vehicles per month (either a pick-up truck with
trailer, semi-truck or flat-bed medium duty truck) are anticipated to access
the site on a monthly basis .
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 City of Dacono, Town of Erie , City of Northglenn , Adams County and
Broomfield County. The City of Dacono , in the referral comments dated
January 25 , 2016 , indicated no concerns. No referral response has been
received from the other jurisdictions in regards to this case.
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 13 . 32 acres
delineated as " Prime ( Irrigated) ," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The storage area is located on
approximately one ( 1 ) acre of the property.
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 Lawrence Kerr, for a Site Specific Development Plan
and Use by Special Review Permit, USR16-0002 . 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 roofing materials) 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 map:
A. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required .
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B . A Screening Plan must be submitted to the Department of Planning
Services for review and approval .
C . The Storage Area is to be relocated to the west of the Panhandle Eastern
Pipeline easement. The portable toilets are to be placed as far west as
possible. The Department of Planning Services will inspect and approve
the area per direction from the Board .
D . The map shall be amended to delineate the following :
1 ) All sheets of the map shall be labeled USR16-0002 .
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) Delineate , on the map, the approved parking and storage areas ,
which shall be screened from adjacent properties and public
rights-of-way by approved fencing or landscaping , or a combination
that will serve to adequately screen the area .
5) County Road 13 is a paved road and is designated on the Weld
County Road Classification Plan as an arterial road , which requires
140 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.
6) Show and label the approved access (AP16-00033) . and the
appropriate turning radii .
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7) Show and label a 30 foot minimum access and utility easement o
provide legal access for the shared access road .
8) Show and label the approved tracking control .
9) Show and label the accepted drainage features and drainage flow
arrows on the site plan . Water quality features or stormwater ponds
should be labeled as "Water Quality Feature/Stormwater Detention ,
No-Build or Storage Area" (include the required volume) and shall
include the calculated volume .
10) Show and label all recorded easements by book and page number
or reception number and date.
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
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to the Weld County Department of Planning Services . Upon approval of the map
the applicant shall submit a Mylar plat 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
plat 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. If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit
will be required.
B . 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.
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The above and foregoing Resolution was . on motion duly made and seconded , adopted
by the following vote on the 20th day of April , A. D . , 2016 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4- ti i o
ATTEST: -- I C1Lo ---
Mike Freeman , Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tern
BY: kSIAIL 7
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Deput Clerk to the Board
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fi• ar. Kirkmey - r
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Date of signature: fIIJ1L sec~
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAWRENCE KERR
USR16-0002
1 . The Site Specific Development Plan and Use by Special Review Permit, USR16-0002 , 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 roofing materials) , 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 . No other materials . other than the designated roofing material . shall be stored at the site.
Materials shall only be stored within the designated storage area .
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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 landscaping/screening on the site shall be maintained in accordance with the
approved Landscaping and Screening Plan .
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, fugitiveparticulate emissions , blowing debris , and other potential nuisance
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conditions . The facility operate o erate in accordance with Chapter 14, Article I , of the Weld
p
County Code .
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone , as delineated in Section 5- 12- 103, C . R. S .
11 . 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
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toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand
sanitizers .
12 . The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. 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 .
14 . Any disturbed areas shall be revegetated or restored to minimize dust blowing onto
adjacent properties.
15. 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.
16. Entrance gates (if applicable) must be set back a minimum of 100 feet from edge of
shoulder to allow a truck with trailer or RV to pull completely off of the roadway and open
the gate . In no case shall any vehicle(s) stopped to open a gate be allowed to create a
safety issue for roadway users .
17 . The access to the site shall be maintained to mitigate any impacts to the public road ,
including damages and/or off-site tracking .
18 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be
utilized .
19. The historical flow patterns and runoff amounts on the site will be maintained .
20. Weld County is not responsible for the maintenance of on-site drainage related features.
21 . 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 .
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 .
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
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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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