HomeMy WebLinkAbout20153659.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0045, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (RV, BOAT AND TRAILER STORAGE,
OFFICE/CARETAKER BUILDING AND A GARAGE), 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 -
WARREN WOODWARD AND DAVIDSON COMPANY, CIO CENTENNIAL STORAGE,
LTD.
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 25th day of
November, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Warren Woodward and Davidson Company, c/o Centennial Storage,
Ltd., 12153 Bannock Street, Unit E, Westminster, CO 80234, for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0045, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV,
boat and trailer storage, office/caretaker building and a garage), 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 and Lot C of Recorded Exemption, RE-4660;
being part of the S1/2 NE1/4 of Section 33,
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 23-2-230.6 of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT (USR15-0045) - WARREN WOODWARD AND DAVIDSON
COMPANY, C/O CENTENNIAL STORAGE, LTD.
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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.
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." 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."
Approximately 15 acres will be outdoor RV, boat, and trailer storage
and approximately 45,000-square feet will consist of partially
enclosed metal storage canopies for storage. An office/caretaker
building and a maintenance garage is also proposed for the site.
The storage area will be controlled by an automated access system
available 24 hours a day, seven (7) days a week. The office hours
are proposed to be 9:00 a.m. to 5:00 p.m. The application materials
state that there will be two (2) employees: one full-time manager
and one part-time service support person. The restroom for the
customers will be in the same building as the manager's office and
there will also be a dump station. Site lighting will consist of pole
mounted LED within the outdoor storage area. The lighting
Development Standard requires that the lighting be shielded and
that there are no exposed bulbs. The screening will consist of the
fencing, landscaping, and the exterior of the buildings situated to
face the perimeter of the site. Adequate parking is being proposed.
The applicant is installing additional landscaping along the western
property line to address comments from the Town of Erie.
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 which allows 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, boat, and trailer storage,
office/caretaker building and a garage), 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 existing adjacent land uses
include rural residences and a small-lot urban residential subdivision in the
Town of Erie (Vista Ridge) to the west and across Sheridan Boulevard.
There are five residences ranging from 75 feet to 200 feet north of the site
and the Cambodian Cultural Center is located east of and adjacent to the
site. There are thirteen (13) USRs located within one mile of this parcel.
USR-1044 is for an accessory structure in a subdivision; USR-748 is for
furniture manufacturing; USR-1077 is for a 24-inch natural gas line;
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SPECIAL REVIEW PERMIT (USR15-0045) - WARREN WOODWARD AND DAVIDSON
COMPANY, C/O CENTENNIAL STORAGE, LTD.
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SUP-97 is for egg production; all north of the site. Northeast of the site is
USR-1359 for a home business; SUP-54 is for a pump house; USR-749 is
for a home business and an accessory structure in a subdivision;
USR-1128 is for a dog kennel; and USR-1581 is for a landscaping
business. East of the site is USR-984 for an accessory structure in a
subdivision; USR-1630 for a church; USR-1627 for a church and a school.
South of the site is USR-1426 for a recreational facility and soccer fields.
The Weld County Department of Planning Services has not received any
correspondence objecting to this USR. The proposed landscaping and the
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 City of Northglenn, the Town of Erie and the City and County of
Broomfield. The City of Northglenn, in the referral comments dated
August 14, 2015, indicated that they have no concerns. The City and
County of Broomfield did not respond with referral comments. The Town of
Erie in the referral agency comments dated August 25, 2015, requested,
"...that a Condition of Approval be placed on the Site Plan Review requiring
irrigated landscaping in the buffer area between the western-most building
and Sheridan Parkway. This landscaped area should provide year round
visual interest and screening by using both deciduous and evergreen trees
and shrubbery." The applicant is installing additional landscaping along the
western property line to address the comments from the Town of Erie.
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 USR will take about 22 acres of Prime (Irrigated)
Farmland out of production; however, the property is in an urbanized area
and too small to farm.
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
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SPECIAL REVIEW PERMIT (USR15-0045) - WARREN WOODWARD AND DAVIDSON
COMPANY, C/O CENTENNIAL STORAGE, LTD.
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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 Warren Woodward and Davidson Company, do
Centennial Storage, Ltd.,fora Site Specific Development Plan and Use by Special Review Permit,
USR15-0045, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (RV, boat and trailer storage, office/caretaker
building and a garage), 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. The preliminary report does not indicate compliance with Weld
County Code.
B. The applicant shall attempt to address the requirements (concerns) of the
Mountain View Fire Protection District, as stated in the referral response
dated October 21, 2015. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0045.
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) All signs shall be shown and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County
Code.
6) Delineate the landscaping and/or screening on north boundary.
7) The map shall delineate the lighting.
8) Show and label the approved Access Permit, AP#15-00430, on
CR 7, and the appropriate turning radii.
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SPECIAL REVIEW PERMIT (USR15-0045) - WARREN WOODWARD AND DAVIDSON
COMPANY, C/O CENTENNIAL STORAGE, LTD.
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9) Show and label a 30-foot minimum access and utility easement to
provide access to the parcel on the site plan. Label the easement
with the reception number and recorded date of the new agreement.
The applicant shall improve and maintain the access road which
includes the dust control.
10) Show and label the approved tracking control.
11) Show and label recycled asphalt or road base on all driving
surfaces.
12) Show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be
labeled as "Water Quality Feature/Stormwater Detention, No-Build
or Storage Area. Label with required volume.
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.
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.
2015-3659
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SPECIAL REVIEW PERMIT (USR15-0045) - WARREN WOODWARD AND DAVIDSON
COMPANY, C/O CENTENNIAL STORAGE, LTD.
PAGE 6
6. Prior to the issuance of any Certificate of Occupancy:
A. An On-site Wastewater Treatment System (O.W.T.S.) is required for the
manager's residence/office and shall be installed according to the Weld
County O.W.T.S. Regulations.
7. Prior to operations:
A. The applicant shall improve the access road, including a crown and
drainage from County Road 7 to the access point of the site.
8. 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
vote on the 25th day of November, A.D. 2015.
by the following o ,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, LORADO
ATTEST: G �C1l,+o'� h a
GCS/ Barbara Kirkme er, Chair
Weld County Clerk to the Board rn .
Mike Freema Pro-Tern
BY. / / �_ / !�A .L'�n..,,�,
De•f y Clerk to the :•ar•�• t'''t' ��
ea P. Con , ay
AP' . • A .�-F M 1161
�.t �,,,. '"`�*j•lie A. Cozad
o Att•rney
� Steve Moreno
f,
Date of signature: "'I/
2015-3659
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WARREN WOODWARD AND DAVIDSON COMPANY,
CIO CENTENNIAL STORAGE, LTD.
USR15-0045
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0045, 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, boat, and trailer storage, office/caretaker
building and a garage), 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 one (1)full-time manager and one (1) part-time
service support person, as stated by the applicant.
4. The hours of operation are 24 hours a day, seven (7) days a week, 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. No hazardous materials shall be stored on-site.
7. The parking on the site shall be maintained.
8. The landscaping/screening on the site shall be maintained. Fencing on the site shall not
include slats (unless approved by the Director of Planning Services), fabric or barbed wire.
9. 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.
10. 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.
11. The site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking.
12. The access road from County Road 7 to the access point shall be maintained by the
applicant to include dust control and grading as needed.
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
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DEVELOPMENT STANDARDS (USR15-0045) -WARREN WOODWARD AND DAVIDSON
COMPANY, C/O CENTENNIAL STORAGE, LTD.
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14. The historical flow patterns and runoff amounts will be maintained on the site.
15. Weld County is not responsible for the maintenance of on-site drainage related features.
16. 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.
17. 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.
18. 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 I, of the Weld
County Code.
19. 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.
20. 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.
21. 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.
22. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. 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.
25. 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.
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DEVELOPMENT STANDARDS (USR15-0045) -WARREN WOODWARD AND DAVIDSON
COMPANY, C/O CENTENNIAL STORAGE, LTD.
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26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property and
accompanied by a property owner 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.
28. 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.
29. 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.
30. 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.
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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