HomeMy WebLinkAbout20142300.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0018, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (AN OFFICE BUILDING, A DUMP STATION, SEVEN
BUILDINGS FOR MINI STORAGE, AS WELL AS INDOOR RV AND BOAT STORAGE,
APPROXIMATELY 42 COVERED AND 404 OUTDOOR SPACES FOR THE
STORAGE OF RVS, BOATS, WITH AND WITHOUT TRAILERS, ATVS, VANS,
STAND-ALONE CAMPERS, MOTOR HOMES, 5TH WHEEL TRAILERS, SMALL,
MEDIUM, AND LARGE PICKUP TRUCKS, WITH OR WITHOUT ATTACHED
CAMPERS, AND OTHER SIMILAR ITEMS INCLUDING INDUSTRIAL AND/OR
COMMERCIAL VEHICLES, HEAVY EQUIPMENT, AND MATERIALS) 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-CKG, INC., C/O CHAD GOENS
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 August, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of CKG, Inc., 15653 CR 4, Brighton, CO 80603, do Chad Goens, 15281
Wagon Wheel Drive, Brighton, CO 80603, for a Site Specific Development Plan and Use by
Special Review Permit, USR14-0018, for any use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (an office building, a
dump station, seven buildings for mini storage, as well as indoor RV and boat storage,
approximately 42 covered and 404 outdoor spaces for the storage of RVs, boats, with and
without trailers, ATVs, vans, stand-alone campers, motor homes, 5th wheel trailers, small,
medium, and large pickup trucks, with or without attached campers, and other similar items
including industrial and/or commercial vehicles, heavy equipment, and materials) 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:
Being part of the S1/2 SE1/4, NW1/4 SE1/4 and the
E1/2 SW1/4, SE1/4 of Section 27, Township 1
North, Range 66 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
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9- 8-2011
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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:
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."
2) 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." The applicant is requesting a
Use by Special Review (USR) permit to construct approximately
42 covered storage spaces and 400 outdoor storage spaces for
RVs, boats, etc. The application materials state that seven (7)
buildings will be constructed for indoor mini-storage and indoor RV
and boat storage. An office building and an RV dump station are
also proposed to be constructed on the site. The applicant has
proposed screening, lighting, landscaping, and parking for the site.
The submitted site plan depicts the landscaping plan along County
Road (CR) 4, the Lighting Plan and some parking spaces adjacent
to the office. The screening consists of a masonry fence abutting
CR 4 and a chain link fence with slats surrounding the north, east
and west sections of the site. The application indicates one (1)
part-time employee will be located on-site when Phase 2 is
initiated and the maximum number of people on-site would be
ten (10). The hours of operation are proposed to be twenty-four
(24) hours per day, seven (7) days per week. The proposed
Landscaping/Screening Plan and Lighting Plan, along with the
Conditions of Approval and Development Standards, will assist in
mitigating the impacts of the facility on the adjacent properties.
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
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Review in the Commercial or Industrial Zone Districts (an office building,
a dump station, seven buildings for mini-storage, as well as indoor RV
and boat storage, approximately 42 covered and 404 outdoor spaces for
the storage of RVs, boats with and without trailers, ATVs, vans, stand-
alone campers, motor homes, 5th wheel trailers, small, medium, and
large pick-up trucks with or without attached campers, and other similar
items including industrial and/or commercial vehicles, heavy equipment
and materials) 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. CR 4 borders the site
on the south and the adjacent lands to the north, east and west are
pastures, rural residences and a substation. The closest residence is
approximately 175 feet west of the west property line. There are four (4)
USRs located within one mile of this parcel. USR-349 is for a
non-operating hog farm and USR-12 is for a single family dwelling, and
both are located north of the site. USR-1711 is for a major facility of a
public utility and USR-862 is for an accessory building, and both are
located east of the site. The Weld County Department of Planning
Services has not received any correspondence from the surrounding
property owners. The proposed Landscaping/Screening Plan and Lighting
Plan, along with the Conditions of Approval and Development Standards
will assist in mitigating the impacts of the facility on the adjacent
properties.
D. Section 23-2-230.6.4 — 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 Cities of Brighton and Fort Lupton, and the Town of Lochbuie. The
City of Fort Lupton's referral, dated May 28, 2014, indicated no concerns.
The City of Brighton and the Town of Lochbuie did not respond with any
referral comments.
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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The existing and proposed facility is located on soils
designated primarily as "Other," per the 1979 Soil Conservation Service
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Important Farmlands of Weld County Map. The proposed USR will not
take any Prime (Irrigated) Farmland 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 CKG, Inc., c/o Chad Goens, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0018, for any use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (an office building, a dump station, seven buildings for mini storage, as well as indoor
RV and boat storage, approximately 42 covered and 404 outdoor spaces for the storage of RVs,
boats, with and without trailers, ATVs, vans, stand-alone campers, motor homes, 5th wheel
trailers, small, medium, and large pickup trucks, with or without attached campers, and other
similar items including industrial and/or commercial vehicles, heavy equipment, and materials)
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 applicant shall attempt to address the requirements of Anadarko
Petroleum Corporation, as stated in the letter dated July 10, 2014.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. An accepted Final Drainage Report, stamped and signed by a
professional engineer registered in the State of Colorado, is required.
C. CR 4 has been annexed by the City of Brighton. Access and right-of-way
requirements will be determined by the City.
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0018.
2) The attached Development Standards.
3) The plat 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. Areas used for storage or trash collection
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shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) The approved Signage Plan.
6) The approved Landscaping/Screening Plan.
7) The approved Parking Plan.
8) The approved Lighting Plan.
9) CR 4 is owned and maintained by the City of Brighton and is
designated on the Weld County Road Classification Plan as a
collector roadway, which requires additional right-of-way at full
build-out. The applicant must delineate on the plat the future
right-of-way, as required by the City of Brighton. The applicant
shall verify the existing 60 feet of right-of-way, and the documents
creating the right-of-way, and this information shall be noted on
the plat. All setbacks shall be measured from the edge of future
right-of-way. If the existing right-of-way cannot be verified, it shall
be dedicated.
10) The applicant shall label the approved City of Brighton accesses
on the plat with Access Permit number, if applicable.
11) The applicant shall indicate specifically on the plat the type of
right-of-way/easement and indicate whether it is dedicated,
private, or deeded.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, 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 $50.00 recording continuance charge shall be added for each
additional three (3) month period.
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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.
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 plat
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 August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d
,tia.vsec .Kfe4%fir .ew,&it/`-
Douglas Rademacher, Chair
Weld County Clerk to the Board
E L Barbara Kirkmeyer, P o-Tem
BY.
De ' ly Clerk t• the Bo-
F .v.r.
361 I k e '-an P. Conway
D A M. / . mew_ f ?✓LCl^�n�"'_"
Mike Freeman
UV, iI
ttorney
William F. Garcia
Date of signature: 9/4
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CKG, INC., C/O CHAD GOENS
USR14-0018
1. The Site Specific Development Plan and Use by Special Review Permit is for any Use
Permitted as a Use By Right, Accessory Use, or Use By Special Review in the
Commercial or Industrial Zone Districts (an office building, a dump station, seven
buildings for mini-storage as well as indoor RV and boat storage, approximately 42
covered and 404 outdoor spaces for the storage of RVs, boats with and without trailers,
ATVs, vans, stand-alone campers, motor homes, 5th wheel trailers, small, medium, and
large pick-up trucks, with or without attached campers, and other similar items including
industrial and/or commercial vehicles, heavy equipment and materials) 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 Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The hours of operation are 24 hours a day, 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 the site.
7. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
8. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
9. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
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 Section 15-1-180 of the Weld County Code.
11. The historical flow patterns and runoff amounts will be maintained on the site.
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12. Weld County is not responsible for the maintenance of on-site drainage related features.
13. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act 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.
14. 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.).
15. 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.
16. 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.
17. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in Section 14-9-30 of the Weld County Code.
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. Portable toilets and bottled water are acceptable for
ten (10) or less customers or visitors per day and/or two or less full-time (40 hour week)
employees on-site. 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.
19. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes when the number of customers or visitors per day exceeds ten (10) and/or
there are three or more full-time (40 hour week) employees on-site.
20. Sewage disposal for the facility shall be by septic system when the number of customers
or visitors per day exceeds ten (10) and/or there are three or more full-time (40 hour
week) employees on-site. Any septic system located on the property must comply with
all provisions of the Weld County Code, pertaining to I.S.D.S.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
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23. 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.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
27. 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.
28. 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 plat and recognized at all times.
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