HomeMy WebLinkAbout20140041.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0048, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OUTDOOR STORAGE OF ROAD BASE, PARKING OF EMPLOYEE
VEHICLES, AND PARKING AND STORAGE OF COMMERCIAL VEHICLES AND
EXCAVATION EQUIPMENT) 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 - MICHAEL
BOULTER, C/O JIM BEAUREGARD
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 18th day
of December, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Michael Boulter, 22019 County Road 54, Greeley, CO 80631, for a
Site Specific Development Plan and Use by Special Review Permit, USR13-0048, for a Use
Permitted as a Use By Right, Accessory Use or Use By Special Review in the Commercial or
ra a of road base, parking of employee vehicles, and
Districts (outdoor storage Industrial Zone t
9
parking and storage of commercial vehicles and excavation equipment) 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-4971; being part
of the S1/2 NW1/4 of Section 27, Township 5
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue said matter until
January 8, 2014, to allow the applicant to be present, and
WHEREAS, at said hearing on January 8, 2014, Jim Beauregard, the applicant, was
present, 19531 E. 195th Avenue, Hudson, CO 80642, 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:
f. CA PL f t()) 2014-0041
�1! 4 PL2250
SPECIAL REVIEW PERMIT (USR13-0048) - MICHAEL BOULTER, CIO JIM BEAUREGARD
PAGE 2
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.
1) Section 22-6-20.A (ECON.Goal 1) states: "Encourage the
expansion of existing businesses and the location of new
industries that will provide employment opportunities in the
County." The application materials state that there will be 15-20
employees working for this business.
2) 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."
3) 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 proposing a
parking and storage area for outdoor storage of road base,
parking of employee vehicles, and parking and storage of
commercial vehicles and excavation equipment. The employees
will park their personal vehicles at the site during the hours of
operation. Not all of the commercial vehicles and equipment
stored on the site will be used daily. The site appears to have
adequate screening and no lights are proposed. The Conditions of
Approval and 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.
B. Section 23-2-230.B.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.S allows for a Site Specific Development Plan
and Use By Special Review Permit for a use permitted as a Use
By Right, Accessory Use or Use By Special Review in the
Commercial or Industrial Zone Districts (outdoor storage of road
base, parking of employee vehicles, and parking and storage of
commercial vehicles and excavation equipment) 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 in the A (Agricultural) Zone District.
2014-0041
PL2250
SPECIAL REVIEW PERMIT (USR13-0048) - MICHAEL BOULTER, C/O JIM BEAUREGARD
PAGE 3
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent
properties are mainly utilized for pastures, crops, and rural residences.
County Road (CR) 43 borders the site on the west. The properties to the
north, south and west are cropland. The closest residence is
approximately 550 feet north of the north property line. There are six (6)
USR's located within one (1) mile of this parcel. USR-602, an oil and gas
service yard, is approximately one (1) mile southeast and USR-46, for a
landfill, is approximately three-quarters of a mile west of the site.
USR-628 for repair and maintenance of farm equipment and USR-668 for
an oil and gas production facility are approximately seven-tenths of a mile
west-northwest of the site. USR-1431, for an RV park and RV storage,
and USR-306, for gravel mining, are located approximately one (1) mile
northwest of the site along the South Platte River. The Weld County
Department of Planning Services has received two (2) letters from
surrounding property owners stating that they support this USR. Staff has
not received any correspondence from the surrounding property owners
that objects to this USR. The site appears to have adequate screening
and no lights are proposed. The Conditions of Approval and 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 23-2-230.6.4 -- 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
Garden City, the Cities of Greeley and Evans, and the Towns of Kersey
and LaSalle. The Town of Kersey's referral, dated September 18, 2013,
and the City of Greeley's referral, dated September 12, 2013, indicated
no concerns. Garden City, the City of Evans, and the Town of LaSalle did
not respond with any referral comments.
E. 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 1.89
acres of Prime (Irrigated), per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. This USR will not take any
acres of Prime (Irrigated) Farmland out of production because the site is
too small to farm.
2014-0041
PL2250
SPECIAL REVIEW PERMIT (USR13-0048) - MICHAEL BOULTER, C/O JIM BEAUREGARD
PAGE 4
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
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 Michael Boulter, for a Site Specific Development Plan
and Use by Special Review Permit, USR13-0048, for a Use Permitted as a Use By Right,
Accessory Use or Use By Special Review in the Commercial or Industrial Zone Districts
(outdoor storage of road base, parking of employee vehicles, and parking and storage of
commercial vehicles and excavation equipment) 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 submit a Signage Plan to the Department of Planning
Services for review and approval, if signage is desired. The quantity, size
and location of the signs shall comply with Chapter 23, Division 2,
Appendix 23-C and Appendix 23-D.
B. The applicant shall comply with the requirement of the Division of Water
Resources, as stated in the referral response dated October 16, 2013.
C. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0048.
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 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 existing Landscaping/Screening Plan.
6) The approved Parking Plan, as shown on the plat.
7) The approved Signage Plan, if applicable.
2014-0041
PL2250
SPECIAL REVIEW PERMIT (USR13-0048) - MICHAEL BOULTER, CIO JIM BEAUREGARD
PAGE 5
8) CR 43 is designated on the Weld County Road Classification Plan
as a collector road, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. An additional
10 feet shall be delineated on the plat as future CR 43
right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing
right-of-way, the documents creating the right-of-way, and this
information shall be noted on the plat. If the right-of-way cannot
be verified, it shall be dedicated. This road is maintained by Weld
County.
9) Vehicle tracking control will be installed and maintained
throughout the life of the site to prevent tracking of debris on to the
County roadway.
10) The applicant shall show the approved access on the plat and
label it with the approved access permit number(will be provided).
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 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.
2014-0041
PL2250
SPECIAL REVIEW PERMIT (USR13-0048) - MICHAEL BOULTER, C/O JIM BEAUREGARD
PAGE 6
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of January, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Siti. G� `C o (r, ,0wl.v+^
Dougl4s (�4 Rademacher, Chair
Weld County Clerk to the Board
Barbara Kirkmeye , Pro-Tem
Deputy Cler.l'o the Boarder. (f'-
ISM `° S .an P. Conway
APP' ► • ri AS lip
county Attorney
William F. Garcia
Date of signature: JAN 2 1 1fi;4
2014-0041
PL2250
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL BOULTER, CIO JIM BEAUREGARD
USR13-0048
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0048, is
for a Use Permitted as a Use By Right, Accessory Use or Use By Special Review in the
Commercial or Industrial Zone Districts (outdoor storage of road base, parking of
employee vehicles, and parking and storage of commercial vehicles and excavation
equipment) 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. to 9:00 p.m., seven (7) days a week.
4. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
5. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
6. The existing screening and landscaping on the site shall be maintained.
7. 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.
8. There shall be no parking or staging of vehicles on County roads. Utilize on-site parking.
9. The historical flow patterns and runoff amounts will be maintained on-site.
10. 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.
11. 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.
12. 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 the approved Waste Handling
Plan, at all times.
2014-0041
PL2250
DEVELOPMENT STANDARDS (USR13-0048) - MICHAEL BOULTER
PAGE 2
13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
14. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. As employees or contractors are on the 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.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. 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 Colorado registered
engineer shall be required or an Open Hole Inspection.
19. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
20. 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.
21. 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.
2014-0041
PL2250
DEVELOPMENT STANDARDS (USR13-0048) - MICHAEL BOULTER
PAGE 3
22. 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.
23. 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.
2014-0041
PL2250
Hello