HomeMy WebLinkAbout20153346.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0039, 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 SELF-STORAGE FACILITY), 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-JEFF AND DIANNE ENGELMAN LIVING TRUST
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 21st day of
October, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jeffery and Dianne Engelman Living Trust, 18110 Wagon Trail, Mead, CO
80542, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0039,
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 self-storage facility), 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:
Part of the N1/2 of Section 27, Township 5 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Deanne
Fredrickson, AGPROfessionals, 3050 67th Avenue, Suite 200, Greeley, CO 80634, 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:
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.
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1) Section 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable." The majority of the site is
located within the urban growth boundary of the City of Evans. A
smaller area of the western edge of the site is located within the
urban growth boundary of the City of Greeley. Section 22-2-100.E
(C.Goal 5) states: "Minimize the incompatibilities that occur
between commercial uses and surrounding properties." The
applicants are proposing buildings to be placed along the northern
portion of the site to assist in screening along 37th Street and along
the eastern portion of the site from 47th Avenue. The applicant is
proposing trees and shrubs along the southern portion of the site to
assist in screening the site from the Arrowhead Subdivision to the
south (across the lake). A Condition of Approval is attached
requiring the outdoor RV storage area to be screened by an opaque
fence or vegetation that serves as a solid screen from 37th Street
and Arrowhead Subdivision.
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 states: "Any use permitted as a Use by Right, an Accessory Use, or
a Use by Special Review in the Commercial or Industrial zone districts (RV
parking and Self Storage Facility), 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."
C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed use is located
approximately 675 feet to the north and east of an existing residential
subdivision (Arrowhead Subdivision). Farmland is located to the north and
west of the site. A residential development in the City of Evans (Tuscany)
is located to the northeast. The Department of Planning Services has
received two letters of opposition to this proposal. These letters express
concerns with the following: 1) Concerns that the proposed RV parking and
self storage facility will not be the highest and best use on the site and will
negatively impact the development of commercial lots in the Tuscany
Subdivision; 2) The property is low compared to the roadway and adjacent
properties and it will be very difficult to provide enough screening to
mitigate the visual impacts on this use from surrounding properties;
3) Potential for negative impact on sales tax from future commercial
development and property taxes of existing properties in the area.
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
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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 Cities of Greeley and Evans, and the Town of Milliken. The Town of
Milliken has a Coordinated Planning Agreement with Weld County that
became effective August 31, 2015. This application is located within the
boundaries of this Coordinated Planning Agreement. However, this
application was submitted before this agreement was effective. The Town
of Milliken, in the referral comments dated August 14, 2015, indicated that
they have no concerns but that the Planning Commission did not think it is
a compatible use with surrounding uses. The City of Greeley Planning
Department, in the referral comments dated August 5, 2015, and the
Engineering Department provided an advisory comment noting that a
portion of the site is within the Ashcroft Draw 100-year floodplain. No
referral response has been received from the City of Evans.
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 very
southern portion and the eastern edge of the property are located in the
100-year floodplain and 100-year floodway according to the preliminary
DFIRM floodplain layer. RV storage is not allowed in the floodplain
according to the application materials and RV storage will be on the
northern part of the site and not in the 100-year floodplain.
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 storage facility is located on approximately eight (8)
acres delineated as "Irrigated Land (Not Prime)," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
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 Jeff and Dianne Engelman Living Trust, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0039 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 self-storage facility), provided that the property is not a lot in an
approved plat part map or recorded subdivision or of a 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:
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1. Prior to recording the map:
A. The applicant shall attempt to address the requirements of the Front Range
Fire Rescue District, as stated in the referral response dated
August 20, 2015. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0039.
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) Delineate the landscaping and/or screening. In addition to the
screening shown on the site map submitted with application, the
following shall be added:
a. The exterior RV parking areas shall be screened from
adjacent properties and public rights-of-way by a solid fence
and/or solid vegetation or a combination thereof.
b. With the exception of the northwestern and northeastern
portions of the site, no trees or shrubs are indicated along
the northern boundary of the site. Additional landscaping
shall be installed along the north property line to mitigate the
appearance of the buildings/facility.
6) Delineate the lighting. Any lighting poles and lamps shall comply
with Section 23-3-360.F, which states, in part, that, "any lighting
shall be designed, located, and operated in such a manner as to
meet the following standards: sources of light shall be shielded so
that beams or rays of light will not shine directly onto adjacent
properties."
7) All approved signs shall be shown.
8) Delineate the parking for customers and/or employees.
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9) Lake Arrowhead Drive is a paved road and is designated on the
Weld County Road Classification Plan as a local road which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the future and existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained
by Weld County.
10) Show and label the approved Access Permit Number
(AP#15-00385) and 60-foot turning radii.
11) Show the approved City of Evans access and label with the
approved Access Permit Number, if applicable.
12) Show and label all easements with the recorded document
reception number and date.
13) Show and label the accepted drainage features and drainage flow
arrows. Label the stormwater ponds as "Stormwater Detention,
No-Build or Storage Area, Volume = TBD."
14) Show the floodplain and floodway (if applicable) boundaries. 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 copies 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.
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5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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 21st day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: eseC 4A.)e—
�/ / s• .-k�� rbara Kirkmey , Chair
Weld County Clerk to the Board � ,1„ n����
Mike Freeman, Pro-Tern
BY: a . C .J''i
De ny Clerk to the Board �� ""+� EXCUSED
,I I / can P. Conway
APPROVED AS TO FORM: eCu
,
1861 ( J IeA Cozad
.untyAttor ey
Steve Moreno
Date of signature: 11/17
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JEFF AND DIANNE ENGELMAN LIVING TRUST
USR15-0039
1. The Site Specific Development Plan and Use by Special Review Permit USR15-0039, 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 self-storage facility) 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 24 hours a day, seven (7) days a week, as stated by the
applicant(s).
4. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be
stored on the site.
5. There shall be no storage of industrial and/or commercial vehicles, equipment and
materials and no hazardous material storage allowed on-site.
6. The parking on the site shall be maintained.
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 facility shall operate in accordance with Chapter 14, Article 1 of the Weld
County Code.
11. 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.
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.
13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
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14 A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the public water supply and the municipal sewage treatment
system from the City of Evans.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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.
17. 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.
18. The site shall be maintained to mitigate any impacts to the public road including damages
and/or off-site tracking.
19. The historical flow patterns and runoff amounts will be maintained on the site.
20. Weld County is not responsible for the maintenance of on-site drainage related features.
21. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4)
Area which may trigger specific water quality requirements or other drainage
improvements if the lot develops further.
22. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
23. There shall be a sign at the exit of the facility indicating no right turns from the facility onto
Arrowhead Drive except for Arrowhead residents.
24. 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-1519E effective date
January 20, 2016 (Ashcroft Draw 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,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
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,
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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.
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 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.
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,
I title 34 of the Colorado Revised Statutes,
gas, and coal. Under t t e 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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