HomeMy WebLinkAbout20151279.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0005, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OFFICE, MAINTENANCE SHOP, AND OUTDOOR STORAGE/STAGING
OF VEHICLES AND EQUIPMENT FOR AN EARTHMOVING AND EXCAVATION
COMPANY) 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 - CLAYSTONE HOLDINGS, LLC
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 13th 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 Claystone Holdings, LLC, 2155 Meadowlark Place, Longmont, CO
80504, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0005,
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (office, maintenance shop, and outdoor storage/staging
of vehicles and equipment for an earthmoving and excavation company) 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-4569; being part
of the NE1/4 SE1/4 of Section 1, Township 1 North,
Range 67 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.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." Landscaping is proposed along the
east side of the facility. The traffic generated by the facility will be
minimal.
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." The applicant is proposing
berms and landscaping on the east side of the facility. Lighting
and noise standards are attached to address potential impacts
generated by the facility.
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 allows for any Use permitted as a Use by Right, Accessory Use, or
a Use by Special Review in the Commercial or Industrial Zone Districts,
(office, maintenance shop, and outdoor storage/staging of vehicles and
equipment for an earthmoving and excavation company), 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 site is located to
the north of existing gravel mining operations (USR-1608 and USR-1682).
The adjacent property to the east has storage consisting of water tanks
and frac tanks. The nearest single family residences are approximately
500 feet to the east of the site. The adjacent properties to the north and
west are undeveloped with the exception of oil and gas production
facilities (oil and gas tanks and wells).
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 areas of
the City of Fort Lupton and the Town of Frederick. The City of Fort
Lupton in the referral comments, dated March 3, 2015, indicated no
concerns. No referral response has been received from the Town of
Frederick.
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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 23-2-230.6.6 -- 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 5.81
acres delineated as "Other," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
G. Section 23-2-230.B.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 Claystone Holdings, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0005, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (office, maintenance shop, and outdoor storage/staging of vehicles and equipment for
an earthmoving and excavation company) 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 applicant shall attempt to address the comments of the Fort Lupton
Fire Protection District, as stated in the referral response dated
January 30, 2015. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
B. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to the state highways. Please contact CDOT to verify the
access permit or for any additional requirement that may be needed to
obtain or upgrade the permit (State Highway 52).
C. An accepted drainage design is required.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0005.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The the trash collection areas as addressed in Section 23-3-350.H
of the Weld County Code.
5) The proposed landscaping as indicated in the application
materials.
6) The on-site lighting (if any is proposed).
7) All signs shall be shown and shall adhere to Chapter 23,
Article IV, Division 2, Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) The parking for customers and/or employees.
9) The approved CDOT accesses labeled with access permit
number, if applicable.
10) The type of right-of-way/easement and indicate whether it is
dedicated, private, or deeded to provide adequate access to the
parcel.
11) The standard tracking control onto publically maintained roadways
shown and labeled.
12) The accepted drainage features, drainage flow arrows, turning
radii, and parking circulation shown and labeled.
13) Show the floodplain and floodway (if applicable) boundaries on the
map. 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
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 plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
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SPECIAL REVIEW PERMIT (USR15-0005) - CLAYSTONE HOLDINGS, LLC
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$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. 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 13th day of May, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, OLORADO
ATTEST: thaw, C1 , , /
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Weld County Clerk to the Board
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• Mike Freeman, Pro-Tem
D_p f y Clerk to the :oard
Sean P. Conw y
APPRO 'D O FO'
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` Julie ozad
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Steve Moreno
Date of signature: Q�
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CLAYSTONE HOLDINGS, LLC
USR15-0005
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0005, is
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (office, maintenance shop, and outdoor
storage/staging of vehicles and equipment for an earthmoving and excavation company)
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 through Sunday, as stated by
the applicant(s).
4. The parking area on the site shall be maintained.
5. 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.
6. The landscaping on the site shall be maintained.
7. 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.
8. 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.
9. 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 accepted Waste Handling
Plan and Chapter 14, Article I of the Weld County Code, at all times.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the accepted Dust Abatement Plan, at all times.
Fugitive dust shall attempt to be confined on the property. Uses on the property shall
comply with the Colorado Air Quality Commission's Air Quality Regulations.
11. 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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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. 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
14. Sewage disposal for the facility 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 System (O.W.T.S.) regulations.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes for the facility when the number of full-time on-site employees exceeds two (2).
16. 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.
17. Process 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.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. 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.
21. The historical flow patterns and runoff amounts will be maintained on the site.
22. Weld County is not responsible for the maintenance of on-site drainage related features.
23. The right-of-way or easement shall be graded and drained to provide an all-weather
access.
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24. 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.
25. 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 #080266-0981C, dated
September 28, 1982, (South Platte River 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.
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. 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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