HomeMy WebLinkAbout20154010.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0056, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE, AN OFFICE BUILDING
AND A 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 IN THE A (AGRICULTURAL) ZONE DISTRICT- LEE DETTERER
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 30th day of
December, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lee Detterer, 11731 CR 66, Greeley, CO 80631, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0056, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (RV and boat storage, an office building and a 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 in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot B of Amended Recorded Exemption,AmRE-984;
being part of the NW1/4 NE1/4 of Section 25,
Township 6 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Scott McBride,
2200 San Miguel Drive, Severance, CO 80546, 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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- 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."Phase 1 will consist of a 9.5-acre area
along the southern border and will accommodate about 450 RVs,
boats, and other associated vehicles and trailers. Phase 2 will
consist of a 10-acre area north of Phase 1 and will provide storage
for 450-800 RVs and boats. The land for Phase 2 will be kept in
alfalfa until the storage demand requires expansion. There may be
covered storage built in the future. A 10x16 (160-square-foot) office
is being proposed, as well as a restroom and an RV dump station.
The hours of operation are proposed to be March 1 to October 31,
6:00 a.m. to 10:00 p.m., and November 1 to February 28, 6:00 a.m.
to 8:00 p.m., and by appointment after hours. There will be 2-3
full-time employees/owners that will operate and manage the
business and 4-5 part-time employees. The property will be
screened with a six-foot steel panel fence on the south and east
and a chain link fence on the west and north. The north side of
Phase 1 will be fenced with six-foot chain link fencing material,
allowing for easy removal when constructing Phase 2. Upon
expansion to Phase 2, the west fence will be constructed. The east
and south perimeters may be lined with berms, if site soils are
available, covered in drought tolerant grass. Trees are proposed
along County Road (CR) 64.75 and CR 23.75. Light poles will be
20-24 feet tall with shielded LED lights equipped with sensors and
timers positioned throughout the facility to provide additional safety
and security. No exposed bulbs are allowed per the Weld County
Code. The screening, fencing, landscaping, and shielded lights
assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses.
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 any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (RV and boat storage, an office
building and a 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 in the A (Agricultural)
Zone District.
C. Section 23-2-230.6.3--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 railroad borders the site on the
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north. There is a house on the parcel that is north of and adjacent to this
site. The owner of this residence will be an employee for this USR. The
Hillcrest Subdivision is located northeast of the site and north of the Great
Western railroad tracks. The Weld County Department of Planning
Services has not received any correspondence objecting to this USR. The
applicant provided letters from three (3) surrounding property owners that
state they do not object to this RV and boat storage USR. There are six (6)
USRs located within one mile of this parcel. MUSR14-0008 is for a kennel
and USR-942 is for farm equipment and sales, which are located northwest
of the site. Amended USR-1144 is for a 3,000-head dairy and is located
northeast of the site. USR-1657 is for a Mineral Resource Development
Facility and Amended USR-1125 is for gravel mining, which are located
south of the site. USR-1541 is for an Oil and Gas Production Facility and is
located southwest of the site.
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 Greeley, and the Towns of Windsor and Severance. The Town
of Severance, in the referral comments dated September 4, 2015, indicated
no concerns. The City of Greeley also addressed water and sanitary sewer
service, fire flow, transportation needs, and setbacks. The applicant has
been in contact with the City of Greeley and is working to address the City's
concerns. The Town of Windsor also provided referral comments dated
September 21, 2015. The applicant responded, in writing, to Windsor's
referral agency comments and stated they are working with the County
concerning the floodplain and with Greeley concerning the access point.
The applicant submitted documentation from the Fire Marshal with the
application addressing the fire hydrant. The applicant also stated that
fencing, landscaping, and buffers will screen the use from CR 64.75. Light
sources are required to be shielded and no exposed bulbs are allowed per
the Weld County Code. The Weld County Department of Public Health and
Environment has included Development Standards that address oil, etc.
associated with RV, boat, and truck parking.
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.
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 soils designated as "Prime
(Irrigated)," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. The historic use of the parcel was cropland on a
center pivot. The USR will take about 23 acres of Prime (Irrigated)
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Farmland out of production. However, the site is surrounded on three sides
by industrially zoned land and the northern boundary is the Great Western
Railroad.
G. Section 23-2-230.B.7 -- There is adequate provision for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 Lee Detterer, for a Site Specific Development Plan and
Use by Special Review Permit, USR15-0056, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat
storage, an office building and a 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 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.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0056.
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 landscaping and/or screening.
6) The map shall delineate the lighting.
7) Show the approved City of Greeley access on the site plan and label with
the approved Access Permit Number, if applicable.
8) Show and label the approved tracking control on the site plan.
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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,"and shall include the calculated volume.
10) Show and label all easements with the reception number and date of
recording on the site plan.
11) 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.
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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO -
ATTEST:deitif44) r�_ ok;� arbara Kirkmeyer, air
Weld County Clerk to the Board
��/�, Mike Freeman, Pro-Tem
BY: Q2k, •2 . Q14 11 ��,,,
D ty Clerk to th Board �� 11 EXCUSED
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Steve Moreno
Date of signature: /5
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEE DETTERER
USR15-0056
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0056, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (RV and boat storage, an office building and a
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 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 three (3) full-time employees and five (5)
part-time employees, as stated by the applicant.
4. The hours of operation are March 1 to October 31, 6:00 a.m. to 10:00 p.m.; November 1
to February 28, 6:00 a.m. to 8:00 p.m.; and by appointment after hours, as stated by the
applicant.
5. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be
stored on the site.
6. There shall be no storage of industrial and/or commercial vehicles, equipment and
materials allowed on-site.
7. All vehicles located on the property must be operational with current license plates and
tags.
8. No hazardous materials shall be stored on-site.
9. The parking on the site shall be maintained.
10. The landscaping/screening on the site shall be maintained.
11. 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.
12. 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-1504E, effective date
January 20, 2016 (John Law Ditch 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,
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including, but not limited, to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
13. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
14. The site shall be maintained to mitigate any impacts to the public road including damages
and/or off-site tracking.
15. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
16. The historical flow patterns and runoff amounts will be maintained on the site.
17. Weld County is not responsible for the maintenance of on-site drainage related features.
18. 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.
19. 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.
20. 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 1, of the Weld
County Code.
21. 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.
22. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Sewage disposal for the facility shall be by septic
system. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to On-Site Waste Water Treatment Systems.
24. RV dump stations shall be connected to an appropriately engineer designed On-site
Waste Water Treatment System, which complies with all provisions of the Weld County
Code pertaining to On-Site Waste Water Treatment Systems.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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26. 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.
27. 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 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.
28. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
33. 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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