HomeMy WebLinkAbout20152141.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0004, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (40X80 SHOP AND PARKING FOR EIGHT (8)
SEMI-TRUCKS AND TWELVE (12) TRAILERS), 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 -
TERI SCHWARTZKOPF
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 29th day of
April, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Teri Schwartzkopf, 25569 CR 44, Kersey, CO 80644, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0004, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (40x80 shop and parking for eight (8) semi-trucks and twelve (12) trailers), 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-2400; being part
of the S1/2 SE1/4 of Section 17, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board studied the request of the applicant and deemed
it advisable to continue the matter to July 8, 2015, to allow time for the case to be heard before
Planning Commission and allow additional time for the applicant to meet with surrounding
property owners. Furthermore, the matter was continued again on July 8, 2015, and July 29, 2015,
to allow the applicant the opportunity to present to a full quorum of the Board on August 5, 2015,
and
WHEREAS, at said hearing on August 5, 2015, 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 unfavorable
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:
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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 ordinances in effect.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
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.
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.
E. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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.
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 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 Teri Schwartzkopf, for a Site Specific Development Plan
and Use by Special Review Permit, USR15-0004, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (40x80
shop and parking for eight (8) semi-trucks and twelve (12) trailers), 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 plat:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0004.
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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) Landscaping/screening for the outdoor storage of the trucks. The
residences to the east, north and south shall be screened.
6) Delineate the site lighting for compliance with Section 23-3-250.B.6
of the Weld County Code.
7) Parking that adheres to Appendices 23-A and 23-B of the Weld
County Code.
8) County Road (CR) 44 is a paved road and is designated on the
Weld County Road Classification Plan as a collector road, which
requires 80 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 future right-of-way. This road is
maintained by Weld County.
9) Show the approved access and label with the approved Access
Permit number (AP14-0508). There shall be only one access.
10) Show and label standard tracking control onto publically maintained
roadways.
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.
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,
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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. Contact Planning Services
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 5th day of August, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COL RADO
ATTEST:
4tittA) v L arbara Kirkmeyer, hair
Weld County Clerk to the Board TILL- ?
Mike Freeman, Pro-Tem
BY: > Q ak4-j
De Clerk to the BCl� and �� �'►�
\y 1', Se , o ay l
APPROVED AS TO FOR riut
ozad
County Attorney
8/a� '�� � ,�►� Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TERI SCHWARTZKOPF
USR15-0004
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0004, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review Permit
in the Commercial or Industrial Zone Districts (40x80 shop and parking for eight (8)
semi-trucks and twelve (12) trailers), provided that the property is not a lot in an approved
or recorded subdivision plat or part of a map filed prior to adoption of any regulations
controlling subdivisions in the A(Agricultural)Zone, 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 trucks shall be limited to eight (8) semi-trucks and twelve (12)
trailers. No other vehicles, other than personal vehicles, shall be brought on the site. Only
light maintenance shall be allowed on the semi-trucks and no maintenance on any other
vehicles including RVs, campers, and trailers.
4. The hours of operation are 6:00 a.m. to 8:00 p.m., Monday through Friday. No idling of
semi-trucks is allowed outside of hours of operation.
5. No outdoor storage of RV's, campers, trailers, tires or other items shall be allowed on the
site as defined under a non-commercial junkyard.
6 The parking on the site shall be maintained.
7. 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.
8. The landscaping/screening on the site shall be maintained. The residences to the east,
north and south shall be screened.
9. 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.
10. The historical flow patterns and runoff amounts will be maintained on the site.
11. Weld County is not responsible for the maintenance of on-site drainage related features.
12. The site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking.
13. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
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14. 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.
15. 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.
16. 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 I, of the
Weld County Code.
17. 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.
18. Fugitive dust shall be confined on the property. Uses on the property shall comply with
the Colorado Air Quality Commission's Air Quality Regulations.
19. 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.
20. Sewage disposal 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
Systems.
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
when the number of full-time, on-site employees exceeds two (2).
22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For employees or contractors on-site for less than
two (2) consecutive hours a day; and/or two (2) or less full time employees on-site,
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.
23. 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.
24. 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.
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25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. 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.
27. A building permit 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 registered State of Colorado engineer
shall be required or an open hole inspection.
28. The Special Use Permit shall not be transferable to any successors in interest to the
prescribed property and shall terminate automatically upon conveyance or lease of the
property to others for operation of the facility, with the exception of the transfer to
successors or heirs of the current owner.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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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