HomeMy WebLinkAbout20151201.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0003, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL
OR INDUSTRIAL ZONE DISTRICTS (STORAGE AND STAGING OF TRUCKS AND
EQUIPMENT FOR A ROUST-A-BOUT AND EXCAVATING BUSINESS, ALONG WITH
MINOR VEHICLE MAINTENANCE, ALONG WITH A PROPOSED SHOP BUILDING),
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 - MARTIN BARRON
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
May, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Martin Barron, 14627 CR 22, Fort Lupton, CO 80621, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0003, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review Permit in the Commercial or Industrial
Zone Districts (storage and staging of trucks and equipment for a roust-a-bout and excavating
business, along with minor vehicle maintenance, along with a proposed shop building), 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 A of Recorded Exemption, RE-1155; being part
of the SE1/4 of Section 9, Township 2 North,
Range 66 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 23-2-230.8 of the Weld County Code as follows:
CZ: e; PL;N1 ; Appi.
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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.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."
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications for a
change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties
and referral agencies. Encourage applicants to communicate with
those affected by the proposed land use change through the
referral process." The proposed facility is located immediately to
the northwest of a single family residence. A USR for an Oil and
Gas Support Facility (USR-1758) and a USR for parking and
repair vehicles (USR-1317) are located to the southwest to and
the southeast of the site.
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 of the Weld County
Code 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
and staging of trucks and equipment for a roust-a-bout and excavating
business, along with minor vehicle maintenance, along with a proposed
shop building) 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 proposed facility
is located immediately to the northwest of a single family residence. A
USR for an Oil and Gas Support Facility (USR-1758) and a USR for
parking and repair vehicles (USR-1317) are located to the southwest and
to the southeast of the site.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with the 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)
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mile referral area of the City of Fort Lupton. No referral response has
been received from the City of Fort Lupton 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.
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 3.23
acres delineated as "Other" and "Prime," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The majority of the
site (including where the proposed shop is to be located) is designated as
"Other."
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 Martin Barron, for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0003, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review Permit in the Commercial or Industrial Zone Districts
(storage and staging of trucks and equipment for a roust-a-bout and excavating business, along
with minor vehicle maintenance, along with a proposed shop building), 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. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0003.
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.
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5) The map shall delineate the approved landscaping and/or
screening.
6) All signs (if any proposed) 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.
7) The map shall delineate the parking for customers and/or
employees.
8) County Road (CR) 22 is a paved road and is designated on the
Weld County Road Classification Plan as a Arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant
shall verify and delineate on the plat the future and existing
right-of-way and the documents creating the existing right-of-way.
If the existing right-of-way cannot be verified, it shall be dedicated.
All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County.
9) The applicant shall show the approved access on the map and
label with the approved Access Permit Number (AP15-00075).
10) The applicant shall show and label standard tracking control onto
publically maintained roadways on the map.
11) The applicant shall show the accepted water quality feature on the
map with volume and label as WATER QUALITY FEATURE,
NO-BUILD OR STORAGE AREA.
12) The applicant shall show and label the drainage flow arrows,
turning radii (60 foot), and parking and circulation on the map.
13) The applicant shall show any proposed gate back a minimum of
75 feet from the right-of-way.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
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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 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 prior to the start of construction. The applicant
shall contact the Planning Department for application information.
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 6th day of May, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � . I t.t� tit:V ,L—
air/Li G. .e,C Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
ribliftclan
Mike Freeman, Pro-Tem
BY. o ! ►( 4t( $ 2Y
s,i `��,
De Du to t Clerk the oard E� < <—
� a s Sean an P. Conway
�:*� _APPR �FOR
County Attorney (4/ �~
Sla g Steve Moreno
Date of signature:
2015-1201
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARTIN BARRON
USR15-0003
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0003, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
Permit in the Commercial or Industrial Zone Districts (storage and staging of trucks and
equipment for a roust-a-bout and excavating business, along with minor vehicle
maintenance, along with a proposed shop building), 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 6:00 a.m. - 8:00 p.m, Monday - Sunday, as stated by the
applicant(s), except in the event of emergencies when extended hours of operation may
be required.
4. The parking on the site shall be maintained.
5. The number of vehicles utilizing this site shall be nine (9) dump trucks, two (2) semi
trucks, ten (10) pickup trucks and four (4) trailers, as stated in the application materials.
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. The landscaping/screening on the site shall be maintained.
8. 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.
9. 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.
10. 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 1, of the
Weld County Code.
11. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations.
12. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
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13. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling. All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations.
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. As employees or contractors are 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.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes when the number of full-time on-site employees exceeds two (2).
16. Sewage disposal shall be by septic system when the number of full-time on-site
employees exceeds two (2). Any septic system located on the property must comply
with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems.
17. The applicant shall obtain a Colorado Discharge Permit System, CDPS Permit, from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
18. Processed wastewater, such as floor drain wastes, shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
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. 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.
22. The historical flow patterns and runoff amounts will be maintained on the site.
23. Weld County is not responsible for the maintenance of on-site drainage related features.
24. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
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25. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
26. 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 2011 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.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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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