HomeMy WebLinkAbout20151747.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0023, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (HENRYLYN IRRIGATION DISTRICT AREA OFFICE,
MAINTENANCE BUILDING AND EQUIPMENT STORAGE BUI
LDING TO SUPPORT
AREA'S IRRIGATION AND WATER DELIVERY CANALS AND DITCHES), PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION MAP OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT - BOYD AND HELEN ARNOLD, C/O HENRYLYN IRRIGATION
DISTRICT
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 24th day of
June, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Boyd and Helen Arnold, 28667 CR 20, Keenesburg, CO 80643-9602, do
Henrylyn Irrigation District, P.O. Box 85, Hudson, CO 80642, for a Site Specific Development Plan
and Use by Special Review Permit, USR15-0023, for any Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (Henrylyn
Irrigation District area office, maintenance building and equipment storage building to support
area's irrigation and water delivery canals and ditches), provided that the property is not a lot in
an approved or recorded subdivision map 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 Recorded Exemption, RE-4903; being part
of the NW1/4 of Section 1, Township 1 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 (USR15-0023) - BOYD AND HELEN ARNOLD, C/O HENRYLYN
IRRIGATION DISTRICT
PAGE 2
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.B.2 (A.Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production."The proposed Henrylyn Irrigation
District area office, maintenance building and equipment storage
building will be sited in a centralized location to support the District's
irrigation and water delivery networks. The location is within
one-half mile of a paved road.
2) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The parking of vehicles and outside
storage of equipment and supplies will be required to be screened
from adjacent property and public rights-of-way. The Department
of Planning Services will be requiring screening of the outdoor
storage/staging of vehicles.
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 lists any Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (Henrylyn Irrigation District
area office, maintenance building and equipment storage building
to support area's irrigation and water delivery canals and ditches),
provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or Plan filed prior to adoption
of any regulations controlling subdivisions as a Use by Special
Review 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 surrounding properties north
of County Road (CR) 14 are large agricultural lots. To the east is the closest
neighbor who resides in a single family residence on large agricultural
parcel. To the west is agricultural land and to the south is a newly created
five-acre Recorded Exemption parcel in agricultural production. As
previously stated, the Department of Planning Services will be requiring
screening of the outdoor storage/staging of vehicles.
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IRRIGATION DISTRICT
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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 facility is located on a five-acre parcel, 0.75 miles south
of the Town of Keenesburg and 4.5 miles east of the Town of Hudson. The
proposed facility is within the Coordinated Planning Agreement Area for the
Town of Keenesburg. The Town of Keenesburg did not return a formal
referral response; however, the Town did provide an electronic mail, dated
February 20, 2015, indicating no concerns on this project.
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 existing site is not
located within the Floodplain, Airport or Geologic Hazard areas.
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 lands designated "Prime if they
become Irrigated," per the 1979 Soil Conservation Service Important
Farmlands of Weld County map. The property has no irrigation water
associated the parcel.
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 Boyd and Helen Arnold, do Henrylyn Irrigation District,
for a Site Specific Development Plan and Use by Special Review Permit, USR15-0023, for any
Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (Henrylyn Irrigation District area office, maintenance building and
equipment storage building to support area's irrigation and water delivery canals and ditches),
provided that the property is not a lot in an approved or recorded subdivision map 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 USR map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0023.
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IRRIGATION DISTRICT
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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 show the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The applicant shall show the site lighting, as applicable.
6) CR 14 is designated on the Weld County Road Plan as a local
gravel road, which requires 60 feet of right-of-way at full buildout.
The applicant shall verify and delineate the existing right-of-way and
the documents creating the right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is
maintained by Weld County.
7) Show the approved facility access and label with the approved
Access Permit Number (AP14-00529).
8) Show and label all easements with the recorded document
reception number and date.
9) Show and label recycled asphalt or road base on all driving
surfaces.
10) Show the accepted water quality feature and label as WATER
QUALITY FEATURE, NO-BUILD OR STORAGE AREA.
11) Show and label the accepted drainage features, drainage flow
arrows, access turning radii (45ft), and parking and circulation.
12) Show and label the entrance gate setback.
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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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 prior to the start of construction.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: ditA44)
Barbara�KKirkmeyer, hair
Weld County Clerk to the Board
M�.11�t&tut..
/ r ' Mike Freeman, Pro-Tem
De•u Clerk to the Bo:rd L
an P. Co ay
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62°--t`i
'•%��►`' �.�� - A. Cozad
' o n ttorney
l Steve Moreno
Date of signature:
222
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BOYD AND HELEN ARNOLD, C/O HENRYLYN IRRIGATION DISTRICT
USR15-0023
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0023, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (Henrylyn Irrigation District area office,
maintenance building and equipment storage building to support area's irrigation and
water delivery canals and ditches), 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 employees shall be restricted to ten (10), as stated by the applicant.
4. 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 thatprotects against surface and groundwater contamination.
9
5. 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.
6. 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.
7. Fugitive dust should be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations.
8. 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.
9. Adequate drinking, handwashing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. Sewage disposal 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 Wastewater Treatment Systems.
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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11. 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.
12. 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.
13. The historical flow patterns and runoff amounts will be maintained on the site.
14. Weld County is not responsible for the maintenance of on-site drainage related features.
15. There shall be no parking or staging of vehicles on County Roads. On-site parking shall
be utilized.
16. There shall be no tracking of dirt or debris from the site onto publically maintained roads.
The applicant is responsible for mitigation of any offsite tracking and maintaining on-site
tracking control devices.
17. 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.
18. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
19. 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.
20. 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.
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21. 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.
22. 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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