HomeMy WebLinkAbout20140763.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0057, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
DISTRICTS (SELF MINI STORAGE, RV, BOAT AND CAMPER TRAILER STORAGE)
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- SHAWN AND STACEY GREATHOUSE
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 12th day
of March, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Shawn and Stacey Greathouse, 24155 CR 15.5, Johnstown,
CO 80534, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0057, for a use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (self mini storage, RV, boat and camper trailer
storage) 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 Amended Recorded Exemption, AmRE-
2720; being part of the S1/2 SW1/4 of Section 32,
Township 5 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:
C CH, 1P L.,V W Rt., Appi.
act,
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SPECIAL REVIEW PERMIT (USR13-0057) - SHAWN AND STACEY GREATHOUSE
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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 (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 proposing 400
self mini-storage units in seven (7) buildings and parking spaces
for outdoor storage of RVs, boats, and campers. The applicant is
proposing screening, landscaping, signage, and lighting on the
site. The fence on the east, west, and a portion of the south is
proposed to be a six (6) foot vinyl privacy fence and the fence on
the north is proposed to be a six (6) foot chain-link fence with
three strands of barbed wire along the top. The primary screening
from County Road (CR) 50 will be a 20-foot by 320-foot storage
building aligned east-west and abutting CR 50. The application
materials also show landscaping on the south side of this building
adjacent to CR 50. The application materials do not show any
parking spaces, and due to this type of use, staff is not
recommending any. Each storage unit will have exterior lighting
installed per code and will be shielded. The applicant is also
proposing pole lights. The Conditions of Approval state that a
Lighting Plan is required. This plan, along with 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. 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 (self mini-storage, RV, boat
and camper trailer storage) 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
partially in the Johnstown Urban Growth Boundary. The adjacent
properties are mainly utilized for pastures, crops, and rural residences.
CR 50 borders the site on the south. The properties to the north, east,
and west are cropland. The closest residence is approximately 600 feet
southwest of the site. There are five (5) USRs located within one (1) mile
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of this parcel. USR-1366, a fence business, is east of and adjacent to the
site and owned by the applicant. USR-579, a veterinary clinic, is
approximately 1/2 mile north of the site. USR-80, a dairy, and USR-1107,
vehicle sales and repair, are approximately eight-tenths of a mile west of
the site. USR-1706, a major facility for a public utility, is approximately
two-tenths of a mile south of the site. The Weld County Department of
Planning Services has not received any correspondence from the
surrounding property owners that objects to this USR. The Conditions of
Approval state that a Lighting Plan is required. This plan along with 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.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 area of
the City of Greeley and the Towns of Milliken and Johnstown. The City of
Greeley's referral, dated December 10, 2013, indicated no concerns. The
Town of Milliken did not respond with any referral comments. The Town
of Johnstown's referral comments, dated December 18, 2013, indicated
that, "The sight distance on eastbound County Road 50 may pose access
issues. There is a slight rise just west of County Road 15, and eastbound
vehicles may not have adequate reaction time for a commercial driveway.
Also, during icy periods northbound vehicles on County Road 15 tend to
slide through the intersection." The Weld County Department of Public
Works has no concerns with this access point and has approved access
permit (AP13-00370) for this USR.
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 34 acres
of Prime (Irrigated), per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. This USR will take approximately five
(5) acres of Prime (Irrigated) Farmland out of production.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Shawn and Stacey Greathouse, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0057, for a use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (self mini storage, RV, boat and camper trailer storage) 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 complete the process to remove the building envelope from
Lot A of AmRE-2720.
B. The applicant has shown one sign on the site. The exact details, including the
distance from the right-of-way line, shall also be shown on the plat. This Signage
Plan shall be submitted to the Department of Planning Services, for review and
approval. Signs shall be in compliance with Chapter 23, Article IV, Division II and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
C. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. 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."
D. A final Drainage Report, stamped and signed by a Colorado professional
engineer, is required.
E. An Improvements Agreement and Road Maintenance Agreement is required for
this site. Road maintenance including dust control, damage repair, and triggers
for improvements will be included.
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0057.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld County
Code.
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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 approved Landscaping/Screening Plan.
6) The approved Lighting Plan.
7) The approved Signage Plan.
8) CR 50 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full buildout. There
is presently 60 feet of right-of-way. An additional 55 feet shall be
delineated on the plat as future County Road 50 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 and 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) CR 15 is designated on the Weld County Road Classification Plan as a
local paved road, which requires 60-feet of right-of-way at full buildout.
The applicant shall verify and delineate on the plat the existing
right-of-way and the documents creating the right-of-way. All setbacks
shall be measured from the edge of future right-of-way. This road is
maintained by Weld County.
10) Vehicle tracking control will be installed and maintained throughout the
life of the site to prevent tracking of debris on to County roadway. Vehicle
tracking is required across both lanes with adequate drive storage before
the gate.
11) The applicant shall show the approved access on the plat and label it with
the approved access permit number (AP13-00370).
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.
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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. 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.
5. Prior to construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will
be required.
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 12th day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: W h& w :A A{-
Dougla ademacher, Chair
Weld County Clerk to the Boar.- i • •
�a% arbara Kirkmeyed Pro-Tem /
BY: t O.o_Pr.dk-
Dep y Clerk to the aR,,�t� �' .ti♦
Sean P. Conway
Mike Free
C. . ='Attorney
William F. Garcia
Date of signature: 3)94 24
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHAWN AND STACEY GREATHOUSE
USR13-0057
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0057, is
for a use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (self mini-storage, RV, boat and camper trailer
storage) 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 5:00 a.m. to 11:00 p.m., seven (7) days a week, as stated by
the applicant.
4. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
5. The screening and landscaping on the site shall be maintained in accordance with the
approved Screening\Landscaping Plan.
6. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
7. The historical flow patterns and runoff amounts will be maintained on the site.
8. 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.
9. 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.
10. 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.
11. 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.
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12. 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.
13. 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.
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility. 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.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
16. The existing residence shall utilize the existing public water supply (Little Thompson
Water District).
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. Building permits maybe 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.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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.
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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.
23. 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.
24. 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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