HomeMy WebLinkAbout20150092.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0061, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE OF COMMERCIAL MATERIALS - DOORS, TRIM, CARPET,
TOILETS AND CABINETS FOR RENTAL PROPERTIES IN A STRUCTURE AND THE
PARKING AND STORAGE OF FIVE (5) COMMERCIAL VEHICLES) 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- RICHARD CARLSON
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 14th day
of January, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Richard Carlson, 21450 CR 10, Hudson, CO 80642, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0061, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (storage of commercial materials — doors, trim, carpet, toilets and
cabinets for rental properties in a structure and the parking and storage of five (5) commercial
vehicles) 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 Recorded Exemption, RE-3228; being part
of the E1/2 of Section 15, Township 1 North, Range
65 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:
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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 (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 non urban 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." The applicant, Mr. Richard
Carlson, is proposing to utilize an existing structure and up to five
metal skinned trailers to store materials, equipment and fixtures
utilized at and for his rental properties. The storage will utilize an
area 2,600 feet south of County Road (CR) 10, east of the Carlson
residence, north of the Neres Canal and located in an area
screened from adjacent property owners predominately by the
Canal and existing topography. The application materials state
that there will be 1-5 persons delivering or taking away the goods
stored on-site. There is an existing non-commercial junkyard on
the property consisting of tires, packaged goods, wood, pipe,
white goods, commercial vehicles and passenger vehicles that
may or may not be operational. The application indicates that
these goods will be placed behind the fenced enclosure near the
existing shop/storage building. The applicant is proposing to
construct a six (6)-foot in height, opaque fence to screen the
materials. The application materials also delineate a wood lot,
mature landscaping and both mown and prairie grasses on the
property. No additional landscaping is proposed. The application
materials do not show any parking spaces and due to this type of
use and staff is not recommending any. The applicant has existing
yard lights near the residence located at the south end of the
property.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Weld County Code, Section 23-3-40.S
provides for a Site Specific Development Plan and 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, 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. PUD development proposals shall not be permitted to use
the Special Review Permit process to develop. The request is for the
parking and storage of five (5) commercial vehicles in the A (Agricultural)
Zone District.
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C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent
properties are mainly utilized for grazing, limited crop production and rural
residences. CR 10 borders the site on the north. The properties to the
north, east, south and west are cropland. The closest residence is
approximately 775 feet southwest of the site. There are two (2) USRs
located within one (1) mile of this parcel. SUP-354 is for a gravel mine
and is west of Interstate 76 and south of CR 10. USR-538 is also for a
gravel mine and is located southwest of the site and south of and
adjacent to CR 8, east of Interstate 76. The Weld County Department of
Planning Services has received two letters from the surrounding property
owners that object to this USR. In a letter dated October 16, 2014, there
were concerns about the non-commercial junkyard and the acquisition of
additional components associated with the non-commercial junkyard and
an effective Screening Plan to mitigate this eye-sore. In another letter
received October 21, 2014, there were concerns about the
non-commercial junkyard to include the single-wide office trailer and the
piles of concrete located south of and adjacent to CR 10. Both letters
cited a substantial non-commercial junkyard that is present on the
Carlson property. The Conditions of Approval state that a
Fence/Screening Plan is required for the outdoor storage. The
construction of the opaque fencing, placement of all storage and
non-commercial junkyard components behind the fenced enclosure or
within the trailers and shop building, along with the Conditions of Approval
and Development Standards for this proposal will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses.
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 Town of Hudson. The Town did not return a referral response.
E. Section 23-2-230.6.5 -- 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 64 acres,
with land north of the residence and site improvements identified as
"Prime (Irrigated) lands," and lands with the improvements, located on
approximately ten (10) acres in an area parallel to the canal identified as
"Prime if they become irrigated," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. As no development is
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proposed north of the residence, no Prime irrigated land will be taken out
of production.
G. Section 23-2-230.6.7 — 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 Richard Carlson, for a Site Specific Development
Plan and Use by Special Review Permit, USR14-0061, for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(storage of commercial materials — doors, trim, carpet, toilets and cabinets for rental properties
in a structure and the parking and storage of five (5) commercial vehicles) 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 USR map:
A. The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral response
dated October 8, 2014. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
B. The applicant shall address the requirements of the Weld County
Department of Public Health and Environment (WCDPHE), as stated in
the referral response dated October 24, 2014. The applicant shall
specifically provide the following:
1) The applicant shall submit a Dust Abatement Plan, detailing
on-site dust control measures, for review and approval, to the
WCDPHE.
2) The applicant shall submit evidence of an Air Pollution Emission
Notice (A.P.E.N.) and Emissions Permit application from the Air
Pollution Control Division(APCD), Colorado Department of Public
Health and Environment (CDPHE), if applicable. Alternately, the
applicant may provide evidence from the APCD that they are not
subject to these requirements. Evidence of such shall be
submitted, in writing, to the WCDPHE.
C. The applicant shall address the requirements of the State of Colorado,
Division of Water Resources, as stated in the referral response, dated
October 9, 2014. The Division states the applicant needs to obtain a valid
permit for their existing well. If the applicant desires to use the existing
well for commercial purposes in addition to domestic uses, a non-exempt
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permit will be required. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
D. The applicant shall provide evidence to the Department of Planning
Services that all non-commercial junkyard items located on the property
are screened from all adjacent properties and public rights-of-way, or
have been removed from the property.
E. The applicant shall submit a Screening Plan to the Department of
Planning Services for review and approval. All storage areas shall be
screened from adjacent properties and public rights-of-way.
F. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0061.
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 the trash collection areas.
Section 23-3-350.H, of the Weld County Code, addresses the
issue of trash collection areas.
5) The approved Fence/Screening Plan.
6) The applicant shall label the approved Town of Hudson accesses
on the plat with Access Permit Number if applicable.
7) The applicant shall label the CR10 right-of-way on the map.
8) The applicant shall label the approved Water Quality Feature on
the plat as "Water Quality Feature, No Build/Storage Area," and
shall show drainage flow arrows.
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. 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 14th day of January, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
ATTEST: Lam( Cd e: /, A 1.�° i�
CC// G JC�o K rbara d kmeyeeehFF Chair /
Weld County Clerk to the Board
//1� Miken, Pro-Tem
BY:irk/k/galitLADe utjClerk to tard
I 11,6�' S - • - Conway
APPROVED AS TO FOR ` 452
.) u ie A. Coza.
County Attorney
2/4 Steve Moreno
Date of signature: i
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD CARLSON
USR14-0061
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0061, 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 of commercial materials -- doors, trim,
carpet, toilets and cabinets for rental properties in a structure, and the parking and
storage of five (5) commercial vehicles) 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 commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code pertaining to On-site Waste Treatment Systems (O.W.T.S.)
regulations.
4. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
5. 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.
6. 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.
7. 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 the approved Waste Handling
Plan, at all times.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
9. 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.
10. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling, and in a manner that minimizes the release of Hazardous Air
Pollutants (HAP's) and Volatile Organic Compounds (VOC's). All chemicals must be
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stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
11. The facility shall comply with Regulation No. 9, Open Burning, Prescribed Fire, and
Permitting (5 CCR 1001-11) of the Colorado Air Quality Control Commission. Only clean,
untreated wood and untreated wood products may be burned.
12. 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.
13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. If employees or contractors are on-site for less than 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.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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.
16. 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.
17. The historical flow patterns and runoff amounts will be maintained on the site.
18. Weld County is not responsible for the maintenance of on-site drainage related features.
19. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
20. 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.
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21. 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.
22. 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.
23. 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.
24. 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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