HomeMy WebLinkAbout20141595.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0006, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE AND STAGING OF CONSTRUCTION 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- DAVE AND WENDY POWERS
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 28th day
of May, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dave and Wendy Powers, P.O. Box 479, Hudson, CO 80642, for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0006, for a use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (storage and staging of construction 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 B of Recorded Exemption, RE-3715; being part
of the E1/2 E1/2 of Section 13, Township 1 North,
Range 65 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 23-2-230.6 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.
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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."
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."
3) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications for a
change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties
and referral agencies. Encourage applicants to communicate with
those affected by the proposed land use change through the
referral process." The site is located immediately adjacent to
two (2) single-family residences to the west and to the east
(across County Road (CR) 49). Given the proximity to the
adjacent residences and that the applicant proposes to store
equipment outside, the Department of Planning Services is
requiring a Landscape/Screening Plan and Lighting Plan.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code for any use permitted as a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone Districts,
(storage and staging of construction 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.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
immediately adjacent to two (2) single-family residences to the west and
to the east (across CR 49). Cropland is located to the north and the
south. Given the proximity to the adjacent residences and that the
applicant proposes to store equipment outside, the Department of
Planning Services is requiring a Landscape/Screening Plan and Lighting
Plan.
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-mile referral area of
Town of Hudson and also within the Weld County — Town of Hudson
Cooperative Planning Agreement (IGA) boundary. The Town of Hudson,
in the referral comments dated March 12, 2014 indicated no concerns.
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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 5.6 acres
delineated as "Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The parcel has an existing house and
improvements.
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 Dave and Wendy Powers, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0006, for a use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (storage and staging of construction 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 address the requirements of the Division of Water
Resources, dated February 21, 2014. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning
Services.
B. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval (in the event that exterior lighting is
proposed). 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."
C. The applicant shall submit a Landscaping/Screening Plan to the
Department of Planning Services, for review and approval. All equipment
parking/storage areas shall be screened from adjacent properties and
public rights-of-way by a six-foot opaque fence or plant material (trees,
bushes). If plant material is proposed, the applicant shall submit a plan
delineating how plant material will be irrigated.
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D. The applicant shall submit a Sign Plan to the Department of Planning
Services, for review and approval.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0006.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with 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 approved Landscape/Screening Plan.
6) The approved Lighting Plan.
7) CR 10 is designated on the Weld County Road Classification Plan
as a local gravel 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.
8) CR 49 is designated on the Weld County Road Classification Plan
as an arterial road, which requires 140 feet of right-of-way at full
buildout. A total of 70 feet from the centerline of CR 49 shall be
indicated as edge of future right-of-way. 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.
9) The employee parking area shall be indicated.
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
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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. 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 28th day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ci y ` EXCUSED
c ,Lfoea Douglas Rademacher, Chair
Weld County Clerk to the Board
EXCUSED
to g arbara Kirkmeyer, Pro-Tem
BY.
De. ' Clerk to the Boa
14 an�. Conway
APPR AST• Y:-+ : -
� Mi Fr n
u torney
William F. Garcia
Date of signature: 1-Z"0
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVE AND WENDY POWERS
USR14-0006
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0006, is
for a use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (storage and staging of construction 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 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 lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
5. The landscaping/screening on the site shall be maintained in accordance with the
approved Landscaping/Screening Plan.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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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11. 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-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 sanitizer.
12. 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.
13. 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.
14. The historical flow patterns and runoff amounts will be maintained on the site.
15. There shall be no parking or staging of vehicles on county roads. On-site parking shall
be utilized.
16. A vehicle tracking control pad will be maintained through the life of the site to prevent
tracking of debris onto county roadway (gravel base, recycled asphalt or equivalent).
17. 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.
18. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
19. 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.
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20. 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.
21. 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.
22. 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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